RSA 564-F:20-2012 · Appeal from Denial of Reinstatement

564-F:20-2012 Appeal from Denial of Reinstatement. –

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(a)

If the secretary of state denies a foundation's application for reinstatement following administrative dissolution, then the secretary of state shall send to the foundation written notice of denial.

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(b)

The notice of denial shall set forth each of the secretary of state's reasons for denial.

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(c)

The secretary of state shall send the notice of denial to the foundation at the foundation's principal address.

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(d)

The foundation may appeal the denial of reinstatement by filing a petition for reinstatement with the court located in:

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(1)

The county in which the foundation's principal office in this state is located; or

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(2)

If the foundation does not have a principal office in this state, the county in which the foundation's registered office is located.

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(e)

The foundation's petition for reinstatement shall include:

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(1)

A copy of the secretary of state's certificate of dissolution;

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(2)

The foundation's application for reinstatement; and

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(3)

The secretary of state's notice of denial.

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(f)

The foundation may commence the appeal under subsection (d) only within 30 days after the date of the notice of denial.

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(g)

The court may summarily order the secretary of state to reinstate the dissolved corporation or may take other action that the court considers appropriate.

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(h)

The court's final decision may be appealed as in other civil proceedings. Source. 2017, 257:47, eff. Oct. 1, 2017. Part C Judicial Dissolution

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