txt

HB 71 AM S: "An Act relating to the involuntary dissolution of Native corporations; and providing for an effective date."

00HOUSE BILL NO. 71 am S 01 "An Act relating to the involuntary dissolution of Native corporations; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 10.06.960(i) is amended to read: 05  (i) In this section, 06  (1) "act" means 43 U.S.C. 1601 - 1641 [43 U.S.C. 1601 - 1629E] 07 (Alaska Native Claims Settlement Act); 08  (2) "Native corporation" has the meaning given in 43 U.S.C. 09 1602(m). 10 * Sec. 2. AS 10.06.960 is amended by adding new subsections to read: 11  (j) Notwithstanding AS 10.06.633(e), a corporation that is organized as a 12 Native corporation under the act, that has been involuntarily dissolved by the 13 commissioner under AS 10.06.633, and that has failed to apply for reinstatement 14 during the period established under AS 10.06.633(e), may be reinstated under

01 AS 10.06.633(e) within one year of the effective date of this Act. The reinstated 02 corporation and its shareholders have all of the rights, privileges, liabilities, and 03 obligations that would have applied to them if the corporation had not been dissolved, 04 and all corporate and shareholder actions taken during the period of dissolution are 05 considered to be as valid as if dissolution had not occurred. 06  (k) If a corporation is formed before the effective date of this Act to replace 07 a Native corporation that has been involuntarily dissolved under AS 10.06.633, and if 08 the replacing corporation has the same name as the dissolved corporation, the replacing 09 corporation and its shareholders succeed, upon payment of any amounts that would 10 have been required for the reinstatement of the dissolved corporation under 11 AS 10.06.633(e), to all of the rights, privileges, liabilities, and obligations that would 12 have applied to the dissolved corporation and its shareholders if the dissolved 13 corporation had been reinstated under AS 10.06.633(e). 14 * Sec. 3. In sec. 2 of this Act, "the effective date of this Act" refers to the effective date 15 under sec. 4 of this Act, not to the effective date of the Alaska Native Claims Settlement Act. 16 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).