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How To Reinstate A Montana Corporation


Reinstate Or Revive A Montana Corporation:

To reinstate your Montana Corporation, you must provide the completed Reinstatement or Revive Domestic or Foreign Corporation Application as well as a Tax Certificate from the Department of Revenue to the Secretary of State by mail, fax or in person. Include the filing fee with the reinstatement package.

How much will it cost to revive a Montana Corporation?

The corporate reinstatement application carries a $30 filing fee, plus $30 for all back annual reports. The current annual report fee will be $15 if your reinstatement is filed before April 15th and $30 if filed after April 15th. There is no fee to request the tax certificate from the Montana Department of Revenue, but you will have to be current with all taxes, penalties and interest before the Department of Revenue will issue your tax certificate.

The reviver portion of the form refers to a suspension from the Department of Revenue for non-payment of corporate taxes. If a corporation is current with annual reports but delinquent with corporate taxes, the Department of Revenue can suspend its authority to do business. You submit the Reinstatement or Reviver form to the Secretary of State after you have cured all delinquent taxes so that you can be an active company again.

How long does it take the state to process the filing?

Once you receive your tax certificate, the Montana Secretary will process your reinstatement in approximately one to two weeks. If you request expedited service, the reinstatement will be processed in one hour or one day depending on the service requested.

If you would like a file stamped copy of the document to be returned with the certification letter, at no additional fee, submit the original and a copy of the document.

How long does your Montana corporation have to be inactive with the state before you wouldn’t have any fees, and would just have to start over with a new Montana corporation?

In Montana you can reinstate your domestic corporation for five years from your involuntary dissolution date. After five years, you would have to start over and re-file as a new corporation.

Can you change your Montana registered agent at the same time on the Montana reinstatement?

The reinstatement application has no line to change your Montana registered agent; however, you must attach all missed annual reports with the reinstatement application, and you can change registered agent on an annual report form.

Can you change your principal address at the same time on the Montana reinstatement form?

The only change to your Montana Corporation that you are allowed to make on a reinstatement application is a name change if your previous name has already been acquired by another business during your dissolution. However, you must attach all back annual reports to the application and your principal business address may be changed there.

Can you change your members and/or managers at the same time on the Montana reinstatement form?

You can change your corporate officers and directors on a delinquent annual report that you are submitting with your reinstatement application.

How many annual reports can you miss before you can’t revive your Montana corporation?

You can miss up to five annual reports before you can no longer reinstate a corporation or LLC in Montana. If you wish to resume doing business in Montana more than five years after your dissolution date, you must file as if filing for the first time with new articles of incorporation.

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