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.