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2018 New Hampshire Revised Statutes
Title LVI - Probate Courts and Decedents' Estates
Chapter 564-F - New Hampshire Foundation Act
Section 564-F:20-2011 - Reinstatement After Administrative Dissolution.
Universal Citation: NH Rev Stat § 564-F:20-2011 (2018)
564-F:20-2011 Reinstatement after Administrative Dissolution. –
(a) For a period of three years after the effective date of its dissolution, a foundation that has been administratively dissolved under RSA 564-F:20-2009 may apply to the secretary of state for reinstatement.
(b) The application for reinstatement shall include:
(1) The foundation's name;
(2) The effective date of the foundation's dissolution;
(3) A statement that each of the grounds for the foundation's dissolution did not exist or has been eliminated; and
(4) A statement that the foundation's name or proposed name satisfies the requirements of RSA 564-F:4-401.
(c) The secretary of state may cancel the administrative dissolution if:
(1) The secretary of state determines that the notice contains the information required under subsection (b);
(2) The information contained in the application is correct in all material respects; and
(3) The foundation's name or proposed name is available for registration.
(d) The secretary of state cancels an administrative dissolution by:
(1) Cancelling the notice of administrative dissolution;
(2) Sending to the foundation at its principal office a notice of reinstatement.
(e) The notice of reinstatement shall set forth:
(1) The secretary of state's determination under subsection (c);
(2) If the application for reinstatement includes a change of the foundation's name, the change of the foundation's name; and
(3) The effective date of reinstatement.
(f) A foundation's reinstatement shall have the following effects:
(1) The notice of reinstatement shall have the effect of an amendment of the foundation's certificate of formation;
(2) The reinstatement shall relate back to the effective date of the foundation's administrative dissolution;
(3) The foundation may resume engaging in activities in this state as if the administrative dissolution had never occurred; and
(4) All of the foundation's otherwise legally valid actions during the period if its dissolution shall be legally valid.
(a) For a period of three years after the effective date of its dissolution, a foundation that has been administratively dissolved under RSA 564-F:20-2009 may apply to the secretary of state for reinstatement.
(b) The application for reinstatement shall include:
(1) The foundation's name;
(2) The effective date of the foundation's dissolution;
(3) A statement that each of the grounds for the foundation's dissolution did not exist or has been eliminated; and
(4) A statement that the foundation's name or proposed name satisfies the requirements of RSA 564-F:4-401.
(c) The secretary of state may cancel the administrative dissolution if:
(1) The secretary of state determines that the notice contains the information required under subsection (b);
(2) The information contained in the application is correct in all material respects; and
(3) The foundation's name or proposed name is available for registration.
(d) The secretary of state cancels an administrative dissolution by:
(1) Cancelling the notice of administrative dissolution;
(2) Sending to the foundation at its principal office a notice of reinstatement.
(e) The notice of reinstatement shall set forth:
(1) The secretary of state's determination under subsection (c);
(2) If the application for reinstatement includes a change of the foundation's name, the change of the foundation's name; and
(3) The effective date of reinstatement.
(f) A foundation's reinstatement shall have the following effects:
(1) The notice of reinstatement shall have the effect of an amendment of the foundation's certificate of formation;
(2) The reinstatement shall relate back to the effective date of the foundation's administrative dissolution;
(3) The foundation may resume engaging in activities in this state as if the administrative dissolution had never occurred; and
(4) All of the foundation's otherwise legally valid actions during the period if its dissolution shall be legally valid.
Source. 2017, 257:47, eff. Oct. 1, 2017.
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