Reinstatement Following Administrative Revocation

1. Law
2. Tennessee Code
3. Securities, Corporations and Associations
4. Tennessee Revised Limited Liability Company Act
5. Foreign Limited Liability Companies
6. Reinstatement Following Administrative Revocation

1. Application for reinstatement.  A foreign LLC whose certificate of authority is administratively revoked under § 48-249-909 may apply to the secretary of state for reinstatement. The application shall:
   1. State the name of the foreign LLC at its date of administrative revocation;
   2. State that the ground or grounds for revocation either did not exist or have been eliminated; and
   3. State a name for the foreign LLC that satisfies the requirements of § 48-249-903.
2. Certificate of Reinstatement.
   1. If the secretary of state determines that the application:
      1. Is accompanied by a confirmation of good standing relative to such foreign LLC; and
      2. Contains the information required by subsection (a), and that the information is correct;

         then the secretary of state shall reinstate the certificate of authority, prepare a certificate that recites the secretary of state's determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the foreign LLC, except that the copy of the certificate may be sent by first class mail.

   2. If the foreign LLC name in subdivision (a)(3) is different from the foreign LLC name in subdivision (a)(1), the application for reinstatement shall constitute an amendment to the foreign LLC's certificate of authority, insofar as it pertains to the foreign LLC's name.
3. Relation Back of Reinstatement.  When the reinstatement is effective, it relates back to, and takes effect as of, the effective date of the administrative revocation, and the foreign LLC resumes carrying on its business as if the administrative revocation had never occurred.

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