(1) A
limited liability company voluntarily dissolved under RCW 25.15.270 may apply to the secretary of state for reinstatement
within one hundred twenty days after the effective date of
dissolution. The application must:
(a) Recite the name of the limited liability company and the
effective date of its voluntary dissolution;
(b) State that the ground or grounds for voluntary
dissolution have been eliminated; and
(c) State that the limited liability company's name
satisfies the requirements of RCW 25.15.010.
(2) If the secretary of state determines that the
application contains the information required by subsection (1)
of this section and that the name is available, the secretary of
state shall reinstate the limited liability company and give the
limited liability company written notice of the reinstatement
that recites the effective date of reinstatement. If the name is
not available, the limited liability company must file with its
application for reinstatement an amendment to its certificate of
formation reflecting a change of name.
(3) When the reinstatement is effective, it relates back to
and takes effect as of the effective date of the voluntary
dissolution and the limited liability company may resume carrying
on its business as if the voluntary dissolution had never
occurred.
(4) If an application for reinstatement is not made within
the one hundred twenty-day period set forth in subsection (1) of
this section, or if the application made within this period is
not granted, the secretary of state shall cancel the limited
liability company's certificate of formation.
[2009 c 437 § 3.]