(A) A foreign corporation whose certificate of authority has been revoked administratively under Section 33-15-310 may apply to the Secretary of State for reinstatement at any time after the effective date of revocation. The application must:
(1) recite the name of the foreign corporation and the effective date of its administrative revocation;
(2) state that the grounds for revocation either did not exist or have been eliminated;
(3) state that the foreign corporation's name satisfies the requirements of Section 33-4-101;
(4) contain a certificate from the South Carolina Department of Revenue stating that all taxes, penalties, and interest owed by the corporation, whether assessed or not, have been paid.
(B) If the Secretary of State determines that the application contains the information required by subsection (A) and that the information is correct, he shall cancel the certificate of revocation and prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and send a copy to the foreign corporation.
(C) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative revocation and the foreign corporation may resume carrying on its business as if the administrative revocation had never occurred.
HISTORY: 1991 Act No. 109, Section 7; 1993 Act No. 181, Section 518.
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