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2020 Nebraska Revised Statutes
Chapter 21 - Corporations and Other Companies
21-313 Domestic corporation; foreign corporation; failure to file report or pay occupation tax; effect.

Universal Citation: NE Code § 21-313 (2020)
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21-313. Domestic corporation; foreign corporation; failure to file report or pay occupation tax; effect.

(1) If a domestic corporation required to deliver the biennial report and pay the occupation tax prescribed in sections 21-301 to 21-330 fails or neglects to deliver such report or pay such occupation tax by April 15 of each even-numbered year, such corporation shall be administratively dissolved on April 16 of such year.

(2) If a foreign corporation required to deliver the biennial report and pay the occupation tax prescribed in sections 21-301 to 21-330 fails or neglects to deliver such report or pay such occupation tax by April 15 of each even-numbered year, the authority of such corporation to transact business in this state shall be administratively revoked on April 16 of such year.

Source

  • Laws 1913, c. 240, § 13, p. 750;
  • R.S.1913, § 773;
  • C.S.1922, § 691;
  • C.S.1929, § 24-1713;
  • R.S.1943, § 21-313;
  • Laws 1945, c. 39, § 1, p. 195;
  • Laws 1955, c. 63, § 7, p. 204;
  • Laws 1967, c. 101, § 9, p. 315;
  • Laws 1969, c. 124, § 6, p. 572;
  • Laws 1982, LB 928, § 10;
  • Laws 2002, LB 989, § 4;
  • Laws 2003, LB 524, § 8;
  • Laws 2014, LB749, § 246.

Annotations

  • Foreign corporation tax is computed upon the amount of its paid-up capital stock employed in Nebraska. State ex rel. J. I. Case Threshing Machine Co. v. Marsh, 117 Neb. 832, 223 N.W. 126 (1929).

  • After action has been brought in name of dissolved corporation, amendment may be allowed substituting as plaintiffs the managing directors as trustees. Weekes Grain & Live Stock Co. v. Ware & Leland, 99 Neb. 126, 155 N.W. 233 (1915).

  • After charter has been forfeited for nonpayment of occupation tax, corporation cannot sue in corporate name. Weekes Grain & Live Stock Co. v. Ware & Leland, 99 Neb. 126, 155 N.W. 233 (1915); Havens & Co. v. Colonial Apartment House Co., 97 Neb. 639, 150 N.W. 1011 (1915).

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