950 CMR, § 104.18

Current through Register 1533, October 25, 2024

Section 104.18 - Revival of Dissolved Corporations

A corporation which has been terminated in any manner maybe revived by the Division upon application by an interested party. The application for revival shall contain the following information:

(a) name of corporation;

(b) name and address of applicant;

(c) interest of applicant in the revival of the corporation;

(d) date of termination; circumstances of termination; and provisions of General Laws under which termination was effected;

(e) a complete description of the activities of the corporation since its termination;

(f) reason or reasons for revival of corporation;

(g) period of time sought for revival;

(i) signature of applicant under penalties of perjury.

(2) Upon acceptance of the application and payment of the proper fee or fees the Division shall file a Revival Certificate in its offices reviving the corporation pursuant to M.G.L. c 156B, § 108.

A corporation may be revived for an indefinite time by general revival, or for a limited period of time not to exceed one year. In the case of a general revival, annual reports must be filed for the previous ten fiscal years before the Division will revive the corporation.

In the case of a limited revival the corporation shall stand revived for the time defined, or for the accomplishment of such purpose or purposes, in accordance with the Revival Certificate. Upon the filing of a general revival the corporation shall stand revived with the same powers, duties, and obligations as if it had not been dissolved, except as otherwise provided in the Revival Certificate. A Revival Certificate filed by the Division shall constitute an amendment as in 950 CMR 104.09.

For all revivals, if non-permanent information, such as names and addresses of officers, location of principal office, the name and address of the resident agent or fiscal year have been changed, the corporation must file the appropriate change form with the Division.

950 CMR, § 104.18