30-23-904. REINSTATEMENT. (a) A partnership whose statement of qualification has been revoked administratively under section 30-23-903, Idaho Code, may apply to the secretary of state for reinstatement of the statement of qualification not later than ten (10) years after the effective date of the revocation. The application must state:
(1) The name of the partnership at the time of the administrative revocation of its statement of qualification and, if needed, a different name that satisfies sections 30-21-301 and 30-21-302, Idaho Code;
(2) The address of the principal office of the partnership and the information required by section 30-21-404(a), Idaho Code;
(3) The effective date of administrative revocation of the partnership’s statement of qualification; and
(4) That the grounds for revocation did not exist or have been cured.
(b) To have its statement of qualification reinstated, a partnership must pay all fees, taxes, interest and penalties that were due to the secretary of state at the time of the administrative revocation and all fees, taxes, interest and penalties that would have been due to the secretary of state while the partnership’s statement of qualification was revoked administratively.
(c) If the secretary of state determines that an application under subsection (a) of this section contains the required information, is satisfied that the information is correct, and determines that all payments required to be made to the secretary of state by subsection (b) of this section have been made, the secretary of state shall:
(1) Cancel the statement of revocation and prepare a statement of reinstatement that states the secretary of state’s determination and the effective date of reinstatement; and
(2) File the statement of reinstatement and serve a copy on the partnership.
(d) When reinstatement under this section is effective, the following rules apply:
(1) The reinstatement relates back to and takes effect as of the effective date of the administrative revocation;
(2) The partnership’s status as a limited liability partnership continues as if the revocation had not occurred; and
(3) The rights of a person arising out of an act or omission in reliance on the revocation before the person knew or had notice of the reinstatement.
History:
[30-23-904, added 2015, ch. 243, sec. 31, p. 836.]
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