Section 12261 Of Article 6. Reinstatement Of Business Entities From California Government Code >> Division 3. >> Title 2. >> Part 2. >> Chapter 3. >> Article 6.
12261
. (a) The Secretary of State shall reinstate to active status
on its records, a business entity for which a court finds any of the
following:
(1) The factual representations by a shareholder, member, partner,
or other person that are contained in the termination document are
materially false.
(2) The submission of the termination document to the Secretary of
State for filing is fraudulent.
(b) If a court of competent jurisdiction orders reinstatement of a
business entity to active status on any of the grounds stated in
paragraph (1) or (2) of subdivision (a), the order for reinstatement
shall state all of the following:
(1) The specific grounds for reinstatement.
(2) That if there is a conflict with the entity name under
subdivision (b) of Section 201, subdivision (b) of Section 5122,
subdivision (c) of Section 7122, subdivision (b) of Section 9122,
subdivision (b) of Section 12302, subdivision (d) of Section
15901.08, subdivision (b) of Section 17701.08 of the Corporations
Code, or related statutes, the reinstatement shall be conditioned
upon the business entity concurrently submitting for filing an
amendment to change its name to eliminate the conflict along with the
certified copy of the order required by Section 12263.
(3) That the business entity shall be reinstated effective from
the date of the filing of the court order with the Secretary of
State.
(c) The court order for reinstatement may be obtained by
submitting a petition to the superior court containing the legal and
factual basis for reinstatement or as part of a civil action for
damages or equitable relief. The Secretary of State shall not be made
a party to the proceeding.