- 32 - Mr. Comey claims that Lumatron was later reinstated and that the reinstatement retroactively validated the purported Inventor’s Agreement between Lumatron and Mr. Comey. At trial, Mr. Comey offered a copy of a document he claimed to have filed to effect Lumatron’s reinstatement. This document was filed with the State of Illinois on October 20, 1992, almost 17 years after Lumatron’s dissolution. Illinois law provides that an administratively dissolved corporation may be reinstated within 5 years following the date of issuance of the certificate of dissolution. See 805 Ill. Comp. Stat. Ann. 5/12-45 (2000). To be reinstated, the dissolved corporation must file an application for reinstatement containing certain information concerning the dissolution. Id. It must also pay all back taxes and file all back annual reports. Id. The document offered by Mr. Comey was not filed within 5 years of Lumatron’s dissolution; it was filed almost 17 years after that dissolution. In addition, the document is an Illinois Form BCA-2.10, Articles of Incorporation, not an Illinois Form BCA-12.45/13.60, Application for Reinstatement of Domestic or Foreign Corporation. Moreover, the document does not mention either Lumatron’s dissolution or any demand for reinstatement. Finally, there is no evidence that Mr. Comey filed any back annual reports or paid any back franchise taxes for Lumatron. For all these reasons, we find that the document offered by Mr. Comey evidences Mr. Comey’s incorporation of a new LumatronPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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