How to Reinstate your Company
Swyft Filings is committed to providing accurate, reliable information to help you make informed decisions for your business. That's why our content is written and edited by professional editors, writers, and subject matter experts. Learn more about how Swyft Filings works, our editorial team and standards, what our customers think of us, and more on our trust page.
Should your business ever become inactive for an extended period of time, or fail to address the regular compliance requirements placed upon it, it may be necessary for you to apply for reinstatement with your state of incorporation. The reinstatement process brings your company back into “good standing” status, and ensures that you are operating in complete accordance with the law. The most common reason that reinstatement becomes necessary is when a business is found to have ignored its required annual report or franchise tax filings.
Reinstatement will likely be necessary if your company fails to observe the compliance requirements placed on it, such as annual report filings, tax payments, or past due state fees. A consistent failure to address these formalities can lead to a suspension of your company’s right to conduct business, or even a forced dissolution.
If your company falls into “bad standing” with the state, it may be required to reinstate itself before continuing its operations, or even voluntarily dissolving. In some states, reinstatement is also a potential solution to reforming a previously dissolved organization.
Consequences of non-compliance
Falling out of good standing with your state can have serious consequences for both your business and your personal finances. A business that has been found to be in bad standing, and fails to reinstate itself in a reasonable time frame, can have its business license revoked, or even be forced to dissolve. In some cases, a company’s limited liability status can be revoked as well, exposing its owners’ personal finances to seizure to satisfy the company’s debts.
General process
There are some steps that must be taken in order to ensure that a company can successfully be reinstated. Here are some general guidelines to follow as you work to get back in good standing:
Identifying and documenting any preexisting compliance issues.
Calculating and documenting any outstanding fees or taxes due to your state.
Obtaining any forms that will need to be completed on behalf of your business.
Assistance with completing any necessary forms, and a full audit of them before official filing.
Submitting each form to the appropriate state agency.
An official notice of your company’s completion of the reinstatement process.
Stay in compliance
Though they vary state-to-state every business must comply with certain compliance tasks. Don’t go through the trouble of reinstatement just to end up back in bad standing with the state. Make sure that you are aware of your yearly compliance responsibilities. As mentioned above, the necessary tasks depend upon your state of incorporation. Keep in mind that you will also need to consider any ongoing requirements in each state you are foreign-qualified in. Also, there are specific requirements on different business structures. The yearly tasks for an LLC will be very different from the yearly tasks necessary to keep a C corporation compliant.
Swyft can help!
Don’t be overwhelmed by the reinstatement process. One of our experienced agents can walk you through the steps, and connect you with our streamlined reinstatement service. Contact us today!
Frequently Asked Questions
Looking for answers? You came to the right place. To learn more about our company mission and culture, click the link below.
You can form a corporation or LLC with our help for as little as $0, plus state filing fees for incorporation. Filing fees vary depending on the state you incorporate in. For more information on specific states, check out our state guides on the Swyft Resource Center. You can also email us with specific questions or contact us at 877-777-0450.
Swyft Filings accepts payment through Visa, MasterCard, American Express, PayPal, checks, and money orders. You can send any questions about payment to our email address or contact us at 877-777-0450.
It depends on what you ordered. If all you did was file your corporation or LLC, the price you paid when ordering is all you pay. You will have no further fees after that.
However, if you signed up for the Swyft Filings Registered Agent Service, you will be charged its initial fee three days after you place your order. From then on, you will be charged according to the terms of your subscription until you change your registered agent with the state or dissolve your company. If you change your agent or dissolve your company on your own, let us know so we can discontinue billing.
Other potential subscription-based options include SnapMailbox, 360 Legal Forms, and ComplianceGuard. If you opt for SnapMailbox or 360 Legal Forms, you will be charged a monthly fee after their respective 30-day free trials end. ComplianceGuard has an annual fee after a 14-day free trial. All three of these services are completely optional.
Our team processes all Standard orders on a first come, first served basis. If you opt for Express or Same-Day Processing, we prioritize your order and send it to the front of the line. However, no matter how fast we get it out the door, you’ll still have to wait for your state to address your filing.
Swyft Blog
Everything you need to know about starting your business.
Each and every one of our customers is assigned a personal Business Specialist. You have their direct phone number and email. Have questions? Just call your personal Business Specialist. No need to wait in a pool of phone calls.
Do what you love. We'll handle the paperwork.
Trusted by over 250,000 businesses since 2015. Start your business with confidence. Affordable. Fast. Simple.
