Limited Liability Companies
Reinstatement following administrative dissolution
(1)A limited liability company that the Secretary of State administratively dissolved under ORS 63.651 (Procedure) may apply to the Secretary of State for reinstatement within five years from the date of dissolution. The application must:
(a)State the name of the limited liability company and the effective date of the limited liability company’s administrative dissolution; and
(b)State that the ground or grounds for dissolution either did not exist or have been eliminated.
(2)If the Secretary of State determines that the application contains the information required by subsection (1) of this section, that the information is correct and that the limited liability company’s name satisfies the requirements of ORS 63.094 (Limited liability company name), the Secretary of State shall reinstate the limited liability company.
(3)When effective, the reinstatement relates back to and takes effect as of the effective date of the administrative dissolution and the limited liability company resumes carrying on the limited liability company’s business as if the administrative dissolution had never occurred.
(4)The Secretary of State may waive the requirement under subsection (1) of this section that the limited liability company apply for reinstatement within five years after the date of administrative dissolution if the limited liability company requests the waiver and provides evidence of the limited liability company’s continued existence as an active concern during the period of administrative dissolution. [1993 c.173 §64; 1995 c.215 §11; 2011 c.147 §10]
Law Review Citations
30 WLR 291 (1994); 73 OLR 5, 25, 43, 133, 151 (1994)