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Reinstate Delaware LLC

Date: 06/25/2019 | Category: | Author: Martin Pouzar

REINSTATE A DELAWARE LLC COMPLETE GUIDE

What is reinstatement and how does the process work in the state of Delaware? One of the primary reasons that would require Delaware reinstatement LLC is if the limited liability company if the certificate of formation has been cancelled by the Secretary of the State. The procedure for reinstatement can vary from one state to another.

Why do I reinstate my company?

If your certificate of formation has been cancelled or the privileges of an LLC has been forfeited then Delaware reinstatement LLC is the only option but it is important to know why or what are the reasons that can lead to such a situation. The reasons may be one or all of the following:

  • If the registered agent of a limited liability company resigns then the LLC as well as the agent has to inform the secretary of the state regarding the resignation. If the said Delaware LLC fails to designate a new registered agent prior to the expiration period of 30 days from the date of the filing of resignation by the registered agent then the Secretary of State shall declare the “certificate of formation” of such an LLC as cancelled pursuant to 2 DE Code § 18-104 (d) and 2 DE Code § 18-1108 (2014 through 146th Gen Ass).
  • If a foreign or domestic limited liability company fails file the franchise tax of $300 pursuant to 2 DE Code § 18-1107 (2014 through 146th Gen Ass) by the due date of by June 1st every year, you will incur a late fee penalty of $200. If the LLC is still unable to file the franchise tax along with penalties then the certificate of formation will become void and the LLC will lose is good standing. In such a scenario, you will need to file for Delaware secretary of state reinstatement.

The important question here is whether there is a process to initiate Delaware reinstatement LLC after its certificate of formation or application for registration as a foreign limited liability has been cancelled.

How to reinstate my Delaware LLC?

How do you proceed with Delaware reinstatement LLC? The procedure for reinstatement is as follows:

  • You will have to file a “Certificate of Revival – Limited Liability Company” in accordance with 2014 Delaware Code, Chapter 18 of the Limited Liability Company Act of the State of Delaware. In order to facilitate Delaware secretary of state reinstatement, you will have to file franchise tax along with all penalties, fee, and interest accrued since the day of the cancellation of the LLC registration.
  • The certificate of formation or application for registration as a foreign limited liability can be cancelled due to failure to maintain a registered agent or hire a new agent post resignation of existing agent. In such a scenario, Delaware reinstatement is possible through submission of the Certificate of Revival along with the “Certificate of Amendment – Changing Only the Registered Office/Agent of Limited Liability Company” pursuant to Section 18-202 and 18-1105 (a) (11) of the Limited Liability Company Act of the State of Delaware. The forms have to be submitted with the office of Delaware Division of Corporations

Note: You can reinstate your LLC at any time by simply following any of the above depending on the reason for cancellation of LLC.

IncParadise as your Registered Agent can help you to file Certificate of Revival in Delaware!

Can I change my Registered Agent at the time of reinstatement?

Yes, you can change your registered agent at the time of Delaware reinstatement pursuant to 2 DE Code § 18-104 (2014 through 146th Gen Ass).

IncParadise is one of the top and most reliable registered agents in the state of Delaware and we can help you with the process of Delaware reinstatement LLC. You can check our services here.

Tax Clearance or Tax Good Standing before reinstating

The Delaware Division of Revenue (DOR) is responsible for issuing “Certificates of Tax Clearance” also known as Tax Clearance or Tax Good Standing certificate for Limited Liability Companies. This certificate has to be obtained by an LLC prior to Delaware reinstatement LLC so that the business entity enjoys a good standing in the state.

If you have already filed the Delaware Tax Status Compliance Certificate, then after filing the franchise tax along with penalties and interest, the “Certificate of Revival – Limited Liability Company” will be processed in two to three weeks. You can also opt for an expedited service.

How IncParadise helps you?

A business entity can be suspended or its right to transact in the state forfeited by the Secretary of State and this can lead to loss of clients, suspended growth, and no good standing with the state. IncParadise, as one of the top agents in Delaware can help reinstate your certificate of formation for domestic LLC and application for registration for a foreign limited liability company through proper Delaware reinstatement process, which is as follows:

  • Pending Franchise Tax: We at IncParadise, will help in identifying any pending Delaware franchise tax and ensure you are able to file franchise tax of $300 and penalties or interest.
  • Reinstatement Forms: Different types of business entities require different Delaware secretary of state reinstatement forms. We will ensure you fill the correct “Certificate of Revival – Limited Liability Company”.
  • Examine and Submit: We will ensure that the Reinstatement Form or Certificate of Revival filled by you contains correct information and is ready for submission. We will also help in submitting the form with the Delaware Division of Corporations.
  • Reinstatement: We will notify you or provide you with a file stamped copy of the Certificate of Revival -LLC.

IncParadise are experts in Delaware Reinstatement and offer our services at $89.00

+ State fees/Annual Fees!

Reinstate California LLC

Date: | Category: | Author: Martin Pouzar

REINSTATE A CALIFORNIA LLC COMPLETE GUIDE

What is reinstatement and how does the process work in the state of California? Most often than not, you will need to reinstate California LLC if the limited liability company has been administratively dissolved or a business entity license have been revoked. The procedure for reinstatement will vary from one state to another.

Why do I reinstate my company?

The importance of California reinstatement lies in the fact that the Secretary of State – Business Programs Division can find your business to be in default due to several reasons like non-submission of Statement of Information within the due date. Once a business entity goes into default, its license can be revoked and that is definitely not good for business growth.

  • Suspension: A domestic business entity in the state of California can face suspension if it fails to file a statement of information pursuant to Title 2.6 California Revised Uniform Limited Liability Company Act, section 17713.10 and Revenue and Taxation Code Sections 23301 and 23301.5. On the other hand, a foreign LLC will face forfeiture.

Due to the suspension, a domestic or foreign limited liability company will lose its powers, rights, and privileges and will not be able to defend itself if it is sued. Hence, it is important to apply for California secretary of state reinstatement as soon as possible so that your business is back in “good standing” with the state and you can start conducting your business with immediate effect.

How to reinstate my California LLC?

Is there a process by which you can reinstate California LLC? The procedure for reinstatement is as follows:

  • California SOS Reinstatement: If your limited liability company has been suspended due to non-filing of the Statement of Information then you can request a California secretary of state reinstatement by filing current Statement of Information form LLC-12 along with the outstanding fee and the Agent for Service of Process information. This form can be submitted through mail, e-filing, and in person.
  • California FTB Reinstatement: If a domestic or foreign limited liability company has been forfeited or suspended due to non-filing of franchise tax then you will be required to file FTB 3557 LLC Application for Certificate of Revivor – LLC with the Franchise Tax Board (FTB). Payment of pending franchise tax, penalties, and due interest should be made along with the application.

Note: If your limited liability company has been suspended or forfeited by both FTB and SOS then you will be required to file both Statement of Information and Application for Certificate of Revivor with either department.

IncParadise makes LLC Reinstatement with FTB or SOS in California easy for you!

Can I change my Registered Agent at the time of reinstatement?

Yes, you can change your registered agent at the time of California reinstatement pursuant to California Financial Code section 14101.6 and California LLCs Code section 202, 1502, 2105, or 2117.

IncParadise is one of the reputable and top registered agents in the state of California and we can help you reinstate California LLC with ease. You can check our services here.

Tax Clearance or Tax Good Standing before reinstating

It is important to know that several states in the USA require a business entity to acquire a Tax Clearance or Tax Good Standing certificate prior to reinstatement. The question is – do you require such a certificate to reinstate California LLC? Here’s what you should know:

  • If a domestic or foreign business entity has been suspended by California secretary of state due to failure to file statement of information then you need to ensure that form AB 2341 has been filed as it allows LLC’s to avoid the minimum annual tax or franchise tax for the current taxable year.
  • If your domestic or foreign business entity has been suspended by California Franchise Tax Board due to failure to file final annual or franchise tax return for the preceding taxable year then you will have to obtain a California Tax Clearance Certificate prior to California reinstatement.

Once you apply for a California Tax Clearance Certificate, the processing time can vary from a few weeks to almost a month. We at IncParadise can help in speeding up the process by communicating directly with the California Franchise Tax Board (FTB) on your behalf.

How IncParadise helps you?

A business that has been suspended or forfeited by the Secretary of State or the Franchise Tax Board will lose its rights to not only operate in the state of California but also will not be able to file any lawsuit or defend against a lawsuit. This is where IncParadise can help you to reinstate California LLC and regain your “good standing status”.

IncParadise will provide assistance towards California reinstatement in the following ways:

  • Pending Franchise Tax: Experts at IncParadise will identify any pending California franchise tax and ensure you are filling and filing the correct franchise tax form
  • Reinstatement Forms: Different types of business entities require different California secretary of state reinstatement forms. We will ensure you fill the correct “Application for Certificate of Revivor” and we can provide guidance on the same.
  • Examine and Submit: We will ensure that the Reinstatement Form or Certificate of Revivor filled by you contains correct information and is ready for submission. We will also submit the form with the California Secretary of State or the Franchise Tax Board.
  • Reinstatement: We will notify you or provide you with a file stamped copy of the Certificate of Revivor (Reinstatement).

REINSTATE CALIFORNIA LLC AT $89.00

+State fees/Annual Fees

Reinstate Wyoming LLC

Date: | Category: | Author: Martin Pouzar

REINSTATE A WYOMING LLC COMPLETE GUIDE

The need for reinstatement can arise for any business entity in almost any state in the USA but what does reinstatement really mean? If the need arises to reinstate Wyoming LLC then it means that the limited liability company is an inactive or non-compliant company or it has been administratively dissolved as it was unable to meet certain business requirements of the Secretary of the State.

Why do I reinstate my company?

Why do you need to reinstate Wyoming LLC? The only time when you would be required to reinstate is when the Secretary of the State finds your business to be in default due to several reasons like failure to pay annual fee accompanying the annual report. A limited liability company can be administratively dissolved or administrative forfeiture of authority, which can hamper the “good standing status” of the business entity of the state. In order to understand the need for reinstatement, let’s take a look at the reasons for administrative dissolution or forfeiture.

  • According to WY Stat § 17-29-705, (2015), if any limited liability company is without a registered agent or registered office in the state of Wyoming or if the LLC has failed to notify the Secretary of the State regarding the resignation of their agent and also failing to hire a replacement then it will be deemed to be transacting business without authority and this can lead to forfeiture of rights or privileges.
  • If any limited liability company has failed to pay the annual fee accompanying the annual report as required by W.S. 17-29-210 or any penalties imposed under W.S. 17-28-109 then it will lead to administrative forfeiture of authority.

Apart from this, an LLC will forfeit any rights or privileges acquired under the LLC laws and will require Wyoming reinstatement if:

  • The LLC has failed to respond to a valid as well as enforceable subpoena
  • It has failed to provide specific information or records to their registered agent like fraudulent information.

How to reinstate my California LLC?

Is there a process by which you can reinstate Wyoming LLC? The procedure is as follows:

  • Wyoming Reinstatement – Agent: One of the primary reasons for forfeiture of a limited liability company is failing to hire or maintain a registered agent in the state. If that be the case then you will be required to file the “Statement of Change by Entity form” or change of registered agent or office form as a part of Wyoming secretary of state reinstatement.
  • Wyoming Reinstatement – Annual Report: If a domestic or foreign limited liability company has been forfeited or suspended due to non-filing of annual report or the fee then you will be required to file the Annual Reports and fee since the time the LLC has been inactive along with the Application for Certificate of Reinstatement.

Note: Wyoming reinstatement is required only if you miss the 60 days notice for hiring an agent and a 60 day grace period to submit the annual report with the fee.

IncParadise as your agent can enable Wyoming Reinstatement with ease!

Can I change my Registered Agent at the time of reinstatement?

One of the primary reasons for forfeiture of an LLC in Wyoming is the inability for the business entity to maintain a registered agent in the state. At the same time, it is important to know that a Wyoming reinstatement is not possible without appointing a registered agent in the state.

Note: A limited liability company can pursue Wyoming secretary of state reinstatement at any time within two (2) years since the forfeiture of its certificate of authority or articles of organization.

IncParadise is one of the reputable and top registered agents in the state of Wyoming and we can help you reinstate Wyoming LLC with ease. You can check our services here.

Tax Clearance or Tax Good Standing before reinstating

The Wyoming Department of Revenue issues a Tax Clearance or Tax Good Standing certificate, which is also known as a Tax Status Compliance Certificate in the state of Wyoming. If an LLC does not have the tax clearance certificate then they will not hold good standing status in the state. This can cause the LLC to be in the default list of the secretary of the state. This is also required prior to applying for a Wyoming secretary of state reinstatement.

How IncParadise helps you?

A business that has been suspended or forfeited by the Secretary of State will forfeit any rights or privileges, and franchises acquired under the laws of the state. This is where IncParadise can help you to reinstate Wyoming LLC and ensure the LLC has an active and good standing status in the state.

IncParadise will provide assistance towards Wyoming reinstatement in the following ways:

  • Registered Agent: IncParadise can act as your registered agent so that your LLC is not considered to be in default by the Secretary of the State. As your agent, we will not only help to reinstate Wyoming LLC but also ensure your good standing status.
  • Reinstatement Forms: Different types of business entities require different forms depending on the reason for default. We will identify the correct Wyoming secretary of state reinstatement forms and provide guidance towards completing the form.
  • Examine and Submit: We will ensure that the Application for Certificate of Reinstatement filled by you contains correct information and is ready for submission. We will also submit the form with the Wyoming Secretary of State on your behalf.
  • Reinstatement: We will notify you or provide you with a file stamped copy of the Certificate of Reinstatement.

REINSTATE OF WYOMING LLC AT $89.00

+ State fees/Annual Fees!

Reinstate Nevada Corporation

Date: 06/18/2019 | Category: | Author: Martin Pouzar

REINSTATE A NEVADA CORPORATION COMPLETE GUIDE

What is reinstatement and when do you need to reinstate Nevada Corporation? If a Nevada Corporation has been deemed inactive status or does not have a good standing then reinstatement is the process by which different types of business entities including a C Corporation can regain their active status or good standing in the state. This inactive status can be caused due to many reasons like failure to file an Annual List or the filing fee for the same, franchise tax or any other state taxes.

Why do I reinstate my company?

Managing a business is never the easiest thing and even the smallest mistake like missing the deadline to fail an important business document like the annual list in the state of Nevada can prove to be costly. Failure to file relevant documents with the Secretary of State can lead to businesses being put in the “revoked status” list. Being in this list can have an adverse effect on the performance of the business and also on the clients the business caters to.

Is there a way out? You can reinstate Nevada Corporation but prior to that you need to understand what are the different business statuses in the state and which status does your business requires you to reinstate.

The Default Status

A Nevada Corporation can be termed as having default status if it has failed to submit their annual list or annual report or has been unable to pay state fees by the due date. According to NRS 78.170, each corporation in the state of Nevada that is required to file as well as pay the fee pursuant to NRS 78.150 to 78.185, inclusive, neglects or refuses to do so within the due date shall be deemed to be in default. As a result, a corporation will lose the corporate protection it enjoys in Nevada and such a corporation will be required to pay the fee and penalty to get their “active status”.

The Revoked Status

If a your Nevada corporation fails to file their annual report along with the fee for a period of one year as prescribed by NRS 78.150 then the business license or “good standing” status will be revoked. If a corporation fails to comply with requirements prescribed in NRS 78.152 – subsection 3, the Secretary of State can take any action deemed necessary and this includes the suspension or revocation of the corporate charter. In such a scenario, your Nevada Corporation will not be able to conduct business in the state and this may severely hamper overall growth of the business. Hence, it is important to apply for Nevada secretary of state reinstatement as soon as possible so that your business is back in “good standing” with the state and you can start conducting transactions with immediate effect.

How to reinstate my Nevada Corporation?

Is there a process by which you can reinstate Nevada Corporation? It is important to know that a domestic corporation in the state can be reinstated only if specific documents pursuant to NRS 78.180 are submitted with the secretary of state. In order to reinstate, you will be required to submit the following documents:

  • A list required by NRS 78.150 containing: The name of the business corporation, The file number of the business corporation, if known, The names and titles of the president, secretary and treasurer, and the directors , The address, either business or residence, of each officer and director listed and the signature of an officer of the corporation, or a person specifically authorized by the corporation to sign on the list certifying that it is complete and accurate.
  • Completed and signed Declaration Page if claiming a Business License Exemption
  • Certificate of Reinstatement
  • A Registered Agent Acceptance signed by the agent of record for the business corporation pursuant to NRS 77.310 or, if the corporation is changing their agent then a Statement of Change of Registered Agent needs to be completed, signed and accompanied by $60 filing fee
  • Customer Order Instructions
  • A completed and signed Annual List for the corporation requiring Nevada secretary of state reinstatement
    If required, you may also need to submit an Application of Reinstatement form
  • All or any filing fees and penalties due

The filings can be submitted at the office of the Secretary of State by mail, through fax, and in person along with applicable fee and penalty. It has to be mailed to Secretary of State, Status Division, 202 North Carson Street, Carson City NV 89701-4201. Fax: 775-684-7123

You may file for the “Certificate of Revival” after a period of 5 years PURSUANT TO NRS 78.730 and 81.010. In order to revive your corporation in the state of Nevada, you will be required to submit enclosures including Certificate of Revival, annual list (officers/directors) (managers/members) (general partners) (trustees) (managing partners), Registered Agent Acceptance, Change of Registered Agent by Represented Entity, Customer Order Instructions and ePayment Checklist. The fee for revival is based on the total number of authorized shares and the par value of the corporation at the time of the revocation.

IncParadise can file reinstate for you

Can I change my Registered Agent at the time of reinstatement?

Yes, you can change your registered agent at the time of Nevada reinstatement pursuant to NRS 77.340. You will have to file the “Statement of Change of Registered Agent by Entity” form as a separate form or as a part of the “Certificate of Reinstatement” form.

IncParadise is one of the reputable and top registered agents in the state of Nevada and we can help you reinstate Nevada Corporation with ease.

Tax Clearance or Tax Good Standing before reinstating

There are several states in the USA that requires businesses to obtain a “Tax Good Standing” or “Tax Clearance” certificate prior to filing for a Nevada reinstatement. In the state of Nevada, it is known as a Tax Status Compliance Certificate or simply a Tax Compliance Certificate. This certificate is issued by the Nevada Department of Taxation to a Corporation, LLC or a Sole Proprietorship that meets its Nevada tax obligations.

You are probably wondering what a Tax Compliance Certificate really is. It is a written evidence of the fact that your business entity has cleared any or all taxes overdue by filing for the same with the Department of Taxation or Department of Revenue. It is also known by many names such as Nevada Certificate of Good Standing, Nevada Tax Status Letter, or Nevada Tax Clearance Certificate.

You have to get this certificate before filing to reinstate Nevada Corporation and you will require the following:

  • A Domestic or Foreign business entity must be registered as a legal entity with the Secretary of State – Nevada
  • The Nevada Corporation in question should have paid all types of Nevada state taxes as well as any outstanding fee or penalty.
  • The Nevada Corporation should not be in a default or suspended list of businesses

Once you apply for a Nevada Tax Clearance Certificate, the process can take from weeks to months but we at IncParadise can help in speeding up the process by contacting the Nevada Department of Taxation on your behalf.

How IncParadise help you?

Nothing hurts a business more than loss of revenue and diminished growth, and this can almost become a reality for business entities when the secretary of the state revokes their license to operate in a state. The question is whether it is possible to bring back an entity in default or being revoked into a good standing.

Yes, it is possible through Nevada secretary of state reinstatement and this is where IncParadise can be an asset to your business entity!

If your business entity has been listed in “not good standing” in the state and if you are looking for someone to help you reinstate Nevada Corporation then we at IncParadise can assist you with getting your company into the “good standing” list.

IncParadise will provide assistance towards Nevada reinstatement in the following ways:

  • Pending Fee/Tax: Our team of professionals will identify any pending Nevada fee or tax. This is one of the primary reasons why business entities go into default or their licenses are revoked. We will not only identify pending fee or tax but also provide guidance regarding filing of pending fee and taxes.
  • Reinstatement Forms: Different types of business entities require different Nevada secretary of state reinstatement forms. We will ensure you get the right form and if at all you require help filling the form, we can provide guidance on the same.
  • Examine and Submit: We will examine the filled Reinstatement Form and check information provided in the form so that they are ready for submission. We will also submit the form with the Nevada Secretary of State – Status Division.
  • Reinstatement: We will notify you or provide you with a file stamped copy of the Certificate of Reinstatement.

OUR CHARGES ARE JUST $89.00

+State fees/Annual Fees for Reinstatement

Reinstate Wyoming Corporation

Date: 06/25/2019 | Category: | Author: Martin Pouzar

REINSTATE A WYOMING CORPORATION COMPELTE GUIDE

When should you reinstate Wyoming Corporation? A Wyoming Corporation will require reinstatement only if it has been administratively dissolved by the secretary of state. A business corporation can be administratively dissolved on the grounds that it has failed to submit its annual reports or has not paid their annual license taxes.

Why do I reinstate my company?

Once your company is administratively dissolved, you have to reinstate Wyoming Corporation but it is important to know why or what are the reasons that can lead to such a situation. According to WY Stat § 17-16-1420 (2014), the grounds for administrative dissolution are:

  • If a business corporation is unable to submit its annual report also known as “Annual Report License Tax” pursuant to W.S. 17-16-1630 with the office of the secretary of state when it is due.
  • If a business corporation does not maintain a registered agent or a registered office in this state pursuant to 2015 Wyoming Code, WY Stat § 17-16-501 (1997 through Reg Sess)
  • If a business corporation fails to notify the secretary of state within a period of 30 days that their registered agent or registered office has changed or if their registered agent has resigned.
  • If the business has provided fraudulent or incorrect information to the secretary of state during business registration
  • The corporation has failed to pay any penalties imposed under W.S. 17-28-109 or provide records to their registered agent pursuant to W.S. 17-28-107

The big question – is there a process to reinstate Wyoming Corporation after it has been administratively dissolved?

How to reinstate my Wyoming Corporation?

Is there a process for Wyoming Reinstatement for a profit corporation? Yes, there is a procedure by which you can apply for reinstatement and that is:

  • An officer or any person that held authority when the profit corporation was administratively dissolved pursuant to W.S. 17-16-1421 like a registered agent will be able to apply to the secretary of state for reinstatement within a period of two (2) years from the effective date of the dissolution.
  • If a profit corporation in the state of Wyoming was administratively dissolved as it failed to deliver the annual report or pay the annual report license tax when due pursuant to W.S. 17-16-1630, will have to initiate payment of all fees and taxes applicable along with the reinstatement certificate fee as prescribed in W.S. 17-16-122.
  • If the corporation was administratively dissolved by the Secretary of the State for failing to maintain a registered agent in the state then it will have to apply for Wyoming secretary of state reinstatement certificate along with the payment of $250.00 as reinstatement fee.

Note: It is important to understand that Wyoming reinstatement will not be possible after a period of 2 years since the effective date of administrative dissolution.

IncParadise can assist with the Reinstatement process within the stipulated time of 2 years

Can I change my Registered Agent at the time of reinstatement?

You will not be able to change your registered agent at the time of the reinstatement but you can change your registered agent prior to Wyoming reinstatement by filing the “Change of an Entity’s Registered Agent and Office” application pursuant to W.S. 17-28-101 through W.S. 17-28-111.

IncParadise is one of the reputable and top registered agents in the state of Wyoming and we can help you reinstate Wyoming Corporation with ease. You can check our services here.

Tax Clearance or Tax Good Standing before reinstating

There are several states in the USA that require a tax clearance or tax good standing certificate while filing for company reinstatement. If you are planning to reinstate Wyoming Corporation, you have to ensure that you have already filed the “Tax Status Compliance Certificate” also known as Tax Compliance Certificate with the Wyoming Department of Revenue.

If you have already filed the Wyoming Tax Status Compliance Certificate, then after filing the annual report or pending fees, Wyoming reinstatement will be processed in one week’s time.

How IncParadise help you?

The dissolution or revocation of a profit corporation by the Secretary of State will lose its rights to operate in Wyoming or will be unable to defend itself against any lawsuit. This is where IncParadise can help you to reinstate Wyoming Corporation and regain your “good standing status”.

IncParadise will provide assistance towards Wyoming reinstatement in the following ways:

  • Pending Annual Report License Tax: Professional team of experts at IncParadise will identify any pending Wyoming annual report license tax and also provide guidance towards filing of taxes i.e., If the Annual Report License Tax amounts to more than $500, then it will have to be filed through mail or physically and any amount below $500 can be E-Filed.
  • Reinstatement Forms: Different types of business entities require different Wyoming secretary of state reinstatement forms. We will ensure you get the right form like a business corporation in the state would have to submit the Profit Corporation Application for Certificate of Reinstatement.
  • Examine and Submit: We will ensure that the Reinstatement Form filled by you is well examined and ready for submission. We will also submit the form with the Wyoming Secretary of State.
  • Reinstatement: We will notify you or provide you with a file stamped copy of the Certificate of Reinstatement.

Reinstatement of Wyoming Corporation at just $89.00

+ State fees/Annual Fees!

Reinstate Delaware Corporation

Date: | Category: | Author: Martin Pouzar

REINSTATE A DELAWARE CORPORATION COMPELTE GUIDE

What is reinstatement and why a Delaware reinstatement corporation required? A Delaware Corporation will require reinstatement only if it’s certificate of incorporation has been forfeited by the secretary of state. A business corporation in the state of Delaware can be administratively dissolved due to several reasons including the inability or failure to maintain a registered agent in the state.

Why do I reinstate my company?

If your company is administratively dissolved or its privileges forfeited then you will be required to apply for Delaware reinstatement corporation but it is important to know why or what are the reasons that can lead to such a situation. The reasons may be one or all of the following:

  • If the registered agent of a corporation resigns then a corporation as well as the agent has to inform the secretary of the state regarding the resignation. If the said Delaware corporation fails to designate a new registered agent prior to the expiration period of 30 days from the date of the filing of resignation by the registered agent then the Secretary of State shall declare the charter of such corporation as forfeited pursuant to 8 DE Code § 136 (2017).
  • If a foreign or domestic business corporation fails or neglects the filing of the annual report as required by 8 DE Code § 374 (2017) then Secretary of State may investigate the reasons and has the power to terminate the right of a foreign corporation to do business in Delaware pursuant to 8 DE Code § 375 (2017). In such a scenario, you will need to file for Delaware secretary of state reinstatement by submitting the annual report within a period of 2 years.
  • If a business corporation fails to file Franchise Tax with the office of the secretary of state when it is due then its charter may get cancelled or terminated.

The important question here is whether there is a process for Delaware reinstatement corporation after it has been forfeited.

How to reinstate my Wyoming Corporation?

Is there a process for Delaware Reinstatement for a business corporation? The procedure for reinstatement is:

  • A certificate of revival has to be filed by authority of the board of directors or the members representing the governing body of the forfeited corporation in accordance with 8 DE Code § 312 (2017) subsection (h). The corporation will also have to submit the annual report along with fee and pay all franchise taxes along with penalties and interest accrued since the time its certificate of incorporation became void or forfeited pursuant to 8 DE Code § 277 (2016).
  • In order to initiate Delaware secretary of state reinstatement, the corporation has to appoint a registered agent prior to filing of Certificate of Renewal and Revival for a Forfeited Exempt Corporation pursuant to 8 DE Code § 136 (2017). The certificate has to be filed with the Delaware Division of Corporations.

Note: It is important to understand that Delaware reinstatement will not be possible after a period of 2 years since the effective date of the certificate of incorporation becoming void or forfeited.

Hire IncParadise today as your agent to help you file the Certificate of Revival!

Can I change my Registered Agent at the time of reinstatement?

The Secretary of State can declare the charter of a corporation to be forfeited if they fail to maintain a registered agent or are unable to nominate one, if their existing agent resigns. Hence, it is extremely important to appoint a registered agent prior to applying for a Delaware reinstatement.

Note: A business corporation has to file a new agent change form prior to the expiration of the period of 30 days since the resignation of the agent pursuant to 8 DE Code § 136 (2017) in order to prevent forfeit.

IncParadise is one of the most reputable and top registered agents in the state of Delaware and we can help you with Delaware reinstatement corporation with ease. You can check our services here.

Tax Clearance or Tax Good Standing before reinstating

The Delaware Division of Revenue (DOR) is responsible for issuing “Certificates of Tax Clearance” also known as Tax Status Compliance Certificate for corporate as well as personal income tax. In order to have a good standing in the state and to prevent or simplify the process of Delaware reinstatement, a business corporation needs to apply for and obtain a tax clearance certificate. All business entities in the state need to have the Tax Clearance Certificate prior to applying for reinstatement.

If you have already filed the Delaware Tax Status Compliance Certificate, then after filing the annual report or franchise tax along with fee accrued, penalties and interest, Delaware secretary of state reinstatement, the certificate of renewal or revival of charter will be processed in two to three weeks. You can also opt for an expedited service.

How IncParadise help you?

The Secretary of State can forfeit the certificate of incorporation or certificate of authority of domestic and foreign corporations, which will put your company in a “not good standing” status with the state. This can hamper business transactions and processes severely. IncParadise, as your registered agent in the state can help you with Delaware reinstatement corporation and regain your “good standing status” in the following ways:

  • Identify the reason for forfeit: We at IncParadise will help you to identify the reason why your company has lost its rights, franchises, and privileges in Delaware. This will help us to pinpoint the solution and what needs to be done e.g., if your company has failed to file the annual report or franchise tax then IncParadise will help you with preparing the report or help calculate the franchise tax for filing first.
  • Reinstatement Forms: Once, the reason for forfeit or revocation has been identified and addressed, we will help you file the correct Delaware secretary of state reinstatement form, which is the Certificate of Revival of Charter for an Exempt Forfeited Corporation.
  • Examine and Submit: We will ensure that the Reinstatement Form filled by you is well examined and ready for submission along with the prescribed fee. We will also submit the form with the Delaware Division of Corporations.
  • Reinstatement: We will notify you or provide you with a file stamped copy of the Certificate of Revival of Charter.

Revive your Delaware Corporation today at just $89.00

+ State fees/Annual Fees!