If you need to restore a company, you must first file a reinstatement application in order to acquire active status.
There are various actions you must do if you need to restore the company. To regain active status, a corporate entity that has been administratively dissolved or revoked must file a reinstatement application. Please keep in mind that this is not a financial statement. The application, which may be read online, provides the most recent data on file with the Division of Corporations. The laws that apply to a company are determined by the state in which it is formed.
In theory, a corporation is eternal, but intentional and involuntary acts on the part of corporate shareholders may result in the firm being deemed inactive by the state. A company must stay in good standing with its home state in order to keep its business licence and registration. To stay in conformity with state regulations, corporations must meet specific obligations each year.
Restoring a company to active status may include fines and costs; the procedure varies by state.
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The Advantages of Replacing
Maintain legal compliance.
Capable of carrying on with business
Capability to re-establish a corporation that was formerly in disrepute with its state
Registration
According to state law, the creation of a company requires the filing of Articles of Incorporation. Although the forms differ from state to state, most need the business name as well as the objective of the organisation to be submitted. A request to list the amount of shares of stock that the company is permitted to utilise may also be appropriate.
The state in which the company was created is known as the corporation’s domicile. The domicile is in charge of regulating the company. Following the registration of a company, there are continuous obligations that must be met in a timely way in order to remain in compliance.
Excellent standing
As previously stated, businesses must meet specific standards each year in order to be in good standing with state regulations. Each year, one state may need an annual report and charge, but another may require an annual report, a state income tax return, and an extra franchise tax.
What Happens When a Company Fails to Maintain Compliance?
When a company fails to stay in compliance for reasons such as yearly filings or failing to pay annual taxes, the state may suspend the corporation. If the company has not complied within a certain length of time, commonly known as a grace period, the state will usually place the corporation on inactive status.
Many states enable shareholders or the board of directors to put a company on inactive status if the business intends to halt operations for an extended period of time. When a company decides to become inactive voluntarily, the state may proceed to put the corporation on inactive status
Most states will immediately put a company on inactive status if it fails to stay in compliance. The grace time provided for a company to become compliant varies by state. In Louisiana, a company has three years before it is put on inactive status for failing to meet regulatory criteria. However, the grace period in Georgia is not as generous, allowing just 60 days if a firm fails to complete the annual report.
What Is Involved in the Reinstatement Process?
The reinstatement procedure might also differ from state to state, as demonstrated in Alaska, where no official reinstatement is necessary. Simply pay twice the filing costs plus the entire amount of fees for the time the company was dormant.
Most states allow reinstatement if a fee has been paid along with its yearly duties, and most states only allow reinstatement for a limited number of years following dissolution. If a company was rendered dormant owing to tax problems, it may request for reactivation at any time.
A reinstatement process might take a long period. The application for reinstatement must be submitted with both the Secretary of State and, in many cases, the Department of Revenue or Taxation. When seeking reinstatement, it is important to do research and examination of the procedure and regulations applicable to your home state.
If a company has been administratively dissolved for less than 12 months, it may be resurrected by paying an online payment using a credit card.