351.604. Reinstatement of revoked certificate--appeal of revocation.
Reinstatement of revoked certificate--appeal of revocation.
351.604. 1. A foreign corporation may apply to the secretary ofstate for reinstatement. The application shall:
(1) Recite the name of the corporation and the effective date of itsadministrative revocation;
(2) State that the ground or grounds for revocation either did notexist or have been eliminated;
(3) State that the corporation's name satisfies the requirements ofsection 351.110;
(4) Contain a certificate from the department of revenue recitingthat all taxes owed by the corporation have been paid or a tax payback planhas been arranged with the department of revenue; and
(5) Contain a reinstatement fee in the amount of fifty dollars plusany delinquent fees, penalties and charges that might have accrued.
2. If the secretary of state determines that the application containsthe information and fees required by subsection 1 of this section and thatthe information and fees are correct, he shall cancel the certificate ofrevocation and prepare a certificate of reinstatement that recites hisdetermination and the effective date of reinstatement, file the original ofthe certificate, and give notice to the corporation.
3. A foreign corporation may appeal the secretary of state'srevocation of its certificate of authority as provided under section351.670. The foreign corporation appeals by petitioning the court to setaside the revocation and attaching to the petition copies of itscertificate of authority and the secretary of state's certificate ofrevocation.
4. The court may summarily order the secretary of state to reinstatethe certificate of authority or may take any other action the courtconsiders appropriate.
5. The court's final decision may be appealed as in other civilproceedings.
(L. 1990 H.B. 1432, A.L. 1991 H.B. 219, A.L. 1998 H.B. 1216 merged with S.B. 844)Effective 7-9-98