Chapter 339 Oregon Laws 2009

AN ACT

HB 2086

Relating to administrative dissolution of nonprofit corporations; creating new provisions; amending ORS 65.654; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 65.654 is amended to read:

          65.654. (1) A corporation administratively dissolved under ORS 65.651 may apply to the Secretary of State for reinstatement within five years from the date of dissolution. The application must:

          (a) State the name of the corporation and the effective date of its administrative dissolution; and

          (b) State that the ground or grounds for dissolution either did not exist or have been eliminated.

          (2) If the Secretary of State determines that the application contains the information required by subsection (1) of this section, that the information is correct, and that the corporation’s name satisfies the requirements of ORS 65.094, the Secretary of State shall reinstate the corporation.

          (3) When reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its activities as if the administrative dissolution had never occurred.

(4) The Secretary of State may waive the requirement under subsection (1) of this section that the corporation apply for reinstatement within five years after the date of dissolution if the corporation requests the waiver and shows good cause for the corporation’s failure to apply for reinstatement as provided in subsection (1) of this section.

SECTION 2. The amendments to ORS 65.654 by section 1 of this 2009 Act apply to nonprofit corporations administratively dissolved before, on or after the effective date of this 2009 Act.

SECTION 3. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage.

Approved by the Governor June 18, 2009

Filed in the office of Secretary of State June 18, 2009

Effective date June 18, 2009

__________