Iowa Code § 489.208
Withdrawal of filed record before effectiveness
Redline — January 1, 2017 → current.View current text →
Current — January 1, 2025
As of January 1, 2017
1. Any person may apply to the secretary of state to be furnished a certificate of existence for a domestic limited liability company or a certificate of authorization for a foreign limited liability company.
1. Except as otherwise provided in sections 489.1024, 489.1034, 489.1044, and 489.1054, a record delivered to the secretary of state for filing may be withdrawn before it takes effect by delivering to the secretary of state for filing a statement of withdrawal.
2. A certificate of existence or certificate of authorization must set forth all of the following:
2. A statement of withdrawal must comply with all of the following:
a. The domestic limited liability company’s name or the foreign limited liability company’s name used in this state.
b. One of the following:
(1) If it is a domestic limited liability company, that the company is duly formed under the laws of this state, the date of its formation, and the period of its duration.
(2) If it is a foreign limited liability company, that the company is authorized to transact business in this state.
c. That all fees, taxes, and penalties due under this chapter or other law to the secretary of state have been paid.
d. That the company’s most recent biennial report required by this chapter has been filed by the secretary of state.
e. If it is a domestic limited liability company, that a statement of dissolution or statement of termination has not been filed.
f. Other facts of record in the office of the secretary of state that may be requested by the applicant.
3. Subject to any qualification stated in the certificate, a certificate of existence or certificate of authorization issued by the secretary of state is conclusive evidence that the domestic limited liability company is in existence or the foreign limited liability company is authorized to transact business in this state.
Section amended
a. Be signed by each person that signed the record being withdrawn, except as otherwise agreed by those persons.
b. Identify the record to be withdrawn.
c. If signed by fewer than all the persons that signed the record being withdrawn, state that the record is withdrawn in accordance with the agreement of all the persons that signed the record.
3. On filing by the secretary of state of a statement of withdrawal, the action or transaction evidenced by the original record does not take effect.
Former §489.208 transferred to §489.211;
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.