Reinstatement following administrative dissolution
HRS §414D-250
in effect414D-250. Reinstatement following administrative dissolution
(a) A corporation administratively dissolved under section 414D-249 may apply to the department director for reinstatement within two years after the effective date of dissolution. The application shall:
(1) Recite the name of the corporation and the
effective date of its administrative dissolution;
(2) Contain all reports due and unfiled;
(3) Contain the payment of all delinquent fees; and
(4) Contain a certificate or other writing from the
department of taxation indicating that all taxes owed by the corporation have
been paid, a payment arrangement has been entered into, or the unpaid tax
liabilities are being contested in an administrative or judicial appeal with
the department of taxation.
(b) Within the applicable reinstatement
period, should the name of the corporation, or a name substantially identical
thereto be registered or reserved by another corporation, partnership, limited
partnership, limited liability company, or limited liability partnership, or
should the name or a name substantially identical thereto be registered as a
trade name, trademark, or service mark, then reinstatement shall be allowed
only upon the registration of a new name by the administratively dissolved
corporation pursuant to the amendment provisions of this chapter.
(c) If the department director determines that
the application contains the information required by subsection (a) and that
the information is correct, the department director shall cancel the
certificate of dissolution and prepare a certificate of reinstatement reciting
that determination and the effective date of reinstatement, file the original
of the certificate, and mail a copy to the corporation at its last known
address appearing in the records of the department director.
(d) When reinstatement is effective, it
relates back to and takes effect as of the effective date of the administrative
dissolution and the corporation shall resume carrying on its activities as if
the administrative dissolution had never occurred.
[L 2001, c 105, pt of §1; am
L 2006, c 184, §13 and c 235, §8; am L 2009, c 23, §6; am L 2012, c 58, §10]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol08_Ch0401-0429/HRS0414D/HRS_0414D-0250.htmFetched: 11/10/2026