N.H. Rev. Stat. § 564-F:20-2011

Current through Chapter 381 of the 2024 Legislative Session

Section 564-F:20-2011 - Reinstatement After Administrative Dissolution

(a) For a period of three years after the effective date of its dissolution, a foundation that has been administratively dissolved under RSA 564-F:20-2009 may apply to the secretary of state for reinstatement.

(b) The application for reinstatement shall include:

(1) The foundation's name;

(2) The effective date of the foundation's dissolution;

(3) A statement that each of the grounds for the foundation's dissolution did not exist or has been eliminated; and

(4) A statement that the foundation's name or proposed name satisfies the requirements of RSA 564-F:4-401.

(c) The secretary of state may cancel the administrative dissolution if:

(1) The secretary of state determines that the notice contains the information required under subsection (b);

(2) The information contained in the application is correct in all material respects; and

(3) The foundation's name or proposed name is available for registration.

(d) The secretary of state cancels an administrative dissolution by:

(1) Cancelling the notice of administrative dissolution;

(2) Sending to the foundation at its principal office a notice of reinstatement.

(e) The notice of reinstatement shall set forth:

(1) The secretary of state's determination under subsection (c);

(2) If the application for reinstatement includes a change of the foundation's name, the change of the foundation's name; and

(3) The effective date of reinstatement.

(f) A foundation's reinstatement shall have the following effects:

(1) The notice of reinstatement shall have the effect of an amendment of the foundation's certificate of formation;

(2) The reinstatement shall relate back to the effective date of the foundation's administrative dissolution;

(3) The foundation may resume engaging in activities in this state as if the administrative dissolution had never occurred; and

(4) All of the foundation's otherwise legally valid actions during the period if its dissolution shall be legally valid.

RSA 564-F:20-2011

Added by 2017 , 257: 47, eff. 10/1/2017.

2017, 257 : 47 , eff. Oct. 1, 2017.