KRS 14A.7-030: Reinstatement following administrative dissolution.

(1) An entity administratively dissolved under KRS 14A.7-020 or predecessor law

may apply to the Secretary of State for reinstatement at any time after the

effective date of dissolution. The application shall:

(a) Recite the name of the entity and the effective date of its administrative

dissolution;

(b) State that the ground or grounds for dissolution either did not exist or

have been eliminated;

(c) State that the entity's name satisfies the requirements of KRS 14A.3-010;

(d) Contain a certificate from the Department of Revenue reciting that all

taxes owed by the entity have been paid;

(e) Contain a representation that the entity has taken no steps to wind up

and liquidate its business and affairs and notify claimants;

(f) If a business corporation, contain a certificate from the Office of

Unemployment Insurance reciting that all employer contributions, interest,

penalties, and service capacity upgrade fund assessments have been

paid; and

(g) Be accompanied by the reinstatement penalty and the current fee for

filing each delinquent annual report as provided for in this chapter.

(2) If the Secretary of State determines that the application satisfies the

requirement of subsection (1) of this section, he or she shall cancel the

certificate of dissolution and prepare a certificate of existence that recites his or

her determination and the effective date of reinstatement, file the original of the

certificate, and notify the entity of that filing, which notification may be

accomplished electronically.

(3) When the reinstatement is effective:

(a) It shall relate back to and take effect as of the effective date of the

administrative dissolution:

(b) The entity shall continue carrying on its business as if the administrative

dissolution or revocation had never occurred; and

(c) The liability of any agent shall be determined as if the administrative

dissolution or revocation had never occurred.

(4) Notwithstanding any other provision to the contrary, any entity which was

administratively dissolved and has taken the action necessary to wind up and

liquidate its business and affairs and notify claimants shall be prohibited from

reinstatement.