The secretary of state, on or before the first day of November of each year, shall certify to the attorney general the names of all corporations which have failed to file their annual reports in accordance with this chapter. The secretary of state shall also certify, from time to time, the names of all corporations which have given other cause for dissolution as provided in this chapter, together with the facts pertinent thereto. When the secretary of state certifies the name of a corporation to the attorney general as having given any cause for dissolution, the secretary of state shall concurrently mail to the corporation at its registered office a notice that the certification has been made. Upon the receipt of the certification, the attorney general shall file an action in the name of the state against the corporation for its dissolution. A certificate from the secretary of state to the attorney general pertaining to the failure of a corporation to file an annual report shall be taken and received in all courts as prima facie evidence of the facts therein stated.
If, before action is filed, the corporation files its annual report, or appoints or maintains a registered agent as provided in this chapter, or files with the secretary of state the required statement of change of registered agent, that fact shall be forthwith certified by the secretary of state to the attorney general and the attorney general shall not file an action against the corporation for such cause. If, after action is filed, the corporation files its annual report, or appoints or maintains a registered agent as provided in this chapter, or files with the secretary of state the required statement of change of registered agent, and pays the costs of the action, the action for such cause shall abate.
[C66, 71, 73, 75, 77, 79, 81, § 504A.54]
88 Acts, ch 1077, § 2
Iowa General Assembly
Search: Iowa Code 1997
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