(a) A corporation that has had its certificate of authority administratively revoked under section one thousand four hundred thirty-one of this article may apply to the Secretary of State for reinstatement within two years after the effective date of revocation. The application must:
(1) Recite the name of the corporation and the effective date of the administrative revocation;
(2) Demonstrate that the ground or grounds for revocation have been eliminated;
(3) Demonstrate that the corporation's name satisfies the requirements of section one thousand four hundred six, article fifteen of this chapter; and
(4) Obtain a certificate from the Tax Commissioner reciting that all taxes owed by the corporation have been paid.
(b) If the Secretary of State determines that the application contains the information required by subsection (a) of this section and that the information is accurate, the Secretary of State shall cancel the Certificate of Revocation and prepare a Certificate of Reinstatement that recites the Secretary of State's determination and the effective date of reinstatement. The Secretary of State shall send notice of the reinstatement to the corporation within thirty days of the determination.
(c) When a reinstatement is granted, the reinstatement relates
back to and takes effect as of the effective date of the administrative revocation and the corporation resumes its business
as if the administrative revocation had never occurred.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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