Withdraw a Foreign Business in Washington DC
In this guide to withdrawing a foreign LLC or corporation in DC, we’ll go over what it means to be a foreign business in Washington DC, the forms you’ll need to file to withdraw or cancel it, and anything else you need to know.
Steps to Withdraw a Foreign LLC or Corporation in DC
To withdraw your foreign LLC or corporation in DC, you’ll need to file official paperwork with DC’s Department of Licensing and Consumer Protection (DLCP). Here’s how to do it.
What is a foreign DC LLC or corporation?
If an LLC or corporation expands its operations to another jurisdiction, the business is considered a “foreign businesses” in its new home. To operate in DC legally, the foreign business needs to undergo a process called foreign qualification. Likewise, if the business stops operating in that state, it can withdraw its foreign registration authority.
How do I withdraw my foreign LLC or corporation in DC?
To cancel a foreign business entity’s registration in the District of Columbia, file a Withdrawal of Foreign Registration Statement (form FN-3) with the Department of Licensing and Consumer Protection (DLCP). You can file the withdrawal by mail, in person, or online. For paper filings, submit two copies of the withdrawal form if you would like a copy returned to you.
Note: LLC filings don’t need original signatures. Corporate filings must have original signatures.
District of Columbia Foreign LLC and Corporation Withdrawal FAQs
Do you need a District of Columbia Office of Tax and Revenue clearance first?
No. You do not need to get clearance from the Office of Tax and Revenue before you withdraw your business.
How much does it cost to cancel your foreign registration with the District of Columbia?
Washington DC foreign LLCs and corporations pay $220 to withdraw their business from DC.
How long does it take the DLCP to process the withdrawal filing?
It takes DC about 15 business days to process the withdrawal after it is received. Mailed documents can take awhile to get to the DLCP since mail is routed through Maryland for payment processing first. You can overnight documents to the DLCP and avoid some mail time but there is no difference in processing time.
In a hurry? Expedited processing is available for $50 (three day service) and $100 (one day service). Be sure to include Form EX-1, Expedited Service Action.
Note: The DLCP accepts cash, money order, check, Visa or MasterCard. Checks should be made payable to “D.C. Treasurer.”
What agency do you need to file the certificate of withdrawal with?
Submit your withdrawal to the Department of Licensing and Consumer Protection, Corporations Division.
In person (Monday-Wednesday and Friday 8:30-4:30 Thursday 9:30-4:30):
Business Licensing Center
Cashier’s Office
2nd Floor
1100 4th St., SW
Washington, DC 20024
Mail – USPS:
Department of Licensing and Consumer Protection
Corporations Division
P.O. Box 92300
Washington, DC 20090
Mail – Non USPS:
Wells Fargo Bank
7175 Columbia Gateway Drive
Lockbox # 92300
Columbia, MD 21046
Online:
CorpOnline
What happens if you don’t file a withdrawal and let your biennial report filings go unfiled?
- Washington DC requires all corporations and LLCs to file biennial reports (DCLP calls them “2-year reports”).
- Foreign corporations have to file a report with the DCLP by April 15th every other year.
- Foreign LLCs have to file the report by June 16th every other year.
- If a foreign corporation or LLC doesn’t file its District of Columbia 2-year report, the entity will be charged a late filing penalty. There is an $100 late fee for foreign corporations or LLCs that file the 2-year report after the deadline.
If you don’t file a biennial report, how long before you lose your Certificate of Authority?
Foreign LLC 2-year reports are due by June 16th every other year. Foreign LLCs that don’t file the 2-year report are always revoked on the 2nd Monday of November the year it is due.
The foreign corporation 2-year report is due by April 15th every other year. Foreign corporations that don’t file the 2-year report are always revoked on the 2nd Monday of September that year.
What are the late fees and penalties to re-register if your registration is forfeited?
District of Columbia allows foreign corporations or LLCs to reinstate at any time after revocation. You will have to file an application for reinstatement with the DCLP.
The following fees are effective January 1, 2012: Foreign corporations and LLCs have to file Form FN-6, Reinstatement of Foreign Registration Statement. The application for reinstatement filing fee is $300. The filing fee for each biennial report is $300 plus the $100 late fee. So it would cost $700 to reinstate a DC corporation that has only missed one report.
How long does the registered agent have to accept service of process after a business has filed for withdrawal?
The foreign corporation or LLC revokes the authority of its Washington DC registered agent to accept service by signing the application for withdrawal. The application is effective as of the date it was delivered to the DCLP, and the registered agent no longer has to accept service of process for the withdrawn entity.
Learn more about the Washington DC registered agent resignation process.
What if I want to start a foreign LLC or corporation in DC?
You’re in luck! Our guides on how to form a foreign DC LLC or a foreign DC corporation are easy to follow.