Note: This version of section effective until 1-1-2018. See also following repeal of this chapter, effective 1-1-2018.

Sec. 5. (a) If the secretary of state denies a limited liability company's application for reinstatement following administrative dissolution, the secretary of state shall serve the limited liability company under IC 23-18-2-13 with a written notice that explains the reason or reasons for denial.

1. (b) The limited liability company may appeal the denial of reinstatement to the circuit or superior court of the county where the limited liability company's principal office, or if there is none in Indiana its registered office, is located not more than thirty (30) days after service of the notice of denial by doing the following:

   1. (1) Filing a petition with the court to set aside the dissolution.
   2. (2) Attaching to the petition a copy of the secretary of state's certificate of dissolution, the limited liability company's application for reinstatement, and the secretary of state's notice of denial.
2. (c) The court may order the secretary of state to reinstate the dissolved limited liability company or may take other action the court considers appropriate.
3. (d) The court's final decision may be appealed as in other civil proceedings.

As added by P.L.8-1993, SEC.301.