1999 Florida Code
TITLE XXXVI BUSINESS ORGANIZATIONS
Chapter 607 Corporations  
607.1422   Reinstatement following administrative dissolution.

607.1422  Reinstatement following administrative dissolution.--

(1)(a)  A corporation administratively dissolved under s. 607.1421 may apply to the Department of State for reinstatement at any time after the effective date of dissolution. The application must:

1.  Recite the name of the corporation and the effective date of its administrative dissolution;

2.  State that the ground or grounds for dissolution either did not exist or have been eliminated and that no further grounds currently exist for dissolution;

3.  State that the corporation's name satisfies the requirements of s. 607.0401; and

4.  State that all fees owed by the corporation and computed at the rate provided by law at the time the corporation applies for reinstatement have been paid; or

(b)  As an alternative, the corporation may submit a current annual report, signed by the registered agent and an officer or director, which substantially complies with the requirements of paragraph (a).

(2)  If the Department of State determines that the application contains the information required by subsection (1) and that the information is correct, it shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites its determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under s. 607.0504(2).

(3)  When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred.

(4)  The name of the dissolved corporation shall not be available for assumption or use by another corporation until 1 year after the effective date of dissolution unless the dissolved corporation provides the Department of State with an affidavit executed as required by s. 607.0120 permitting the immediate assumption or use of the name by another corporation.

(5)  If the name of the dissolved corporation has been lawfully assumed in this state by another corporation, the Department of State shall require the dissolved corporation to amend its articles of incorporation to change its name before accepting its application for reinstatement.

History.--s. 129, ch. 89-154; s. 157, ch. 90-179.