How To Reinstate A California LLC
Revive Or Reinstate A California Limited Liability Company
The form that you need to use to revive a California LLC depends on if you have been suspended or forfeited by the California Secretary of State (SOS) or the California Franchise Tax Board (FTB) or both. If you are not sure why you were suspended/forfeited, you can request a status report from the California Secretary of State. All the SOS and FTB forms you need to revive your California LLC are available in your online account when you sign up with Northwest.
Reinstate with the SOS: If your corporation has been suspended or forfeited by the California Secretary of State, you can request revival by filing a current Statement of Information form by mail, online or in person.
Reinstate with the FTB: If you have been suspended or forfeited by the California Franchise Tax Board, you will need to pay all outstanding balances due, file any late tax returns, and file form FTB-3557 LLC Application for Certificate of Revivor. For more information about reviving with the FTB, call them at (800) 852-5711.
Reinstate with the SOS and FTB: If you have been suspended or forfeited by both the California Secretary of State and the Franchise Tax Board, you should first file the
Statement of Information form with the SOS so you can get a letter of proposed relief from suspension or forfeiture. Once you have received a letter of proposed relief, you should submit a copy to the FTB with an Application for Certificate of Revivor. The California LLC will be revived once both filings have been submitted.
How much will it cost to revive a California LLC?
To revive your Limited Liability Company in California, you will have to pay a $20.00 statement of information fee and a $250.00 penalty fee.
You may also need to contact the Franchise Tax Board for any taxes, penalties or interest currently due to their office.
Requests for expedited processing must be submitted in person: $15.00 special handling fee for in person submissions
$350.00 additional fee for 24 hour expedited processing $750.00 additional fee for same day expedited processing
How long does it take the state to process the filing?
Normal processing can take over eight weeks. Current processing times are listed on the SOS website (see link below).
You can have processing completed the same day or within 24 hours if you pay the additional fee. Documents for same day processing must be submitted by 9:30 for a response by 4:00.
If you submit an exact copy of the form, the Secretary of State will file stamp and return it to you by mail.
How long does your California LLC have to be inactive with the state before you wouldn’t have any fees, and would just have to start over with a new California LLC?
In California you can reinstate a business any time after suspension or forfeiture. However, if your business has been dissolved, you would need to file as a new entity.
Can you change your California registered agent at the same time on the California reinstatement?
Yes. You can change your California registered agent on the Statement of Information form.
Can you change your principal address at the same time on the California reinstatement form?
Yes. You can change your principal office address on the Statement of Information form.
Can you change your members and/or managers at the same time on the California reinstatement form?
Yes. You can change your members and/or managers on the Statement of Information form.
What if my California LLCs name is in use when I reinstate?
If the LLCs name has been reserved or used by someone else, your only options are to change your LLCs name or get consent from the other entity to use it.
How many Statement of Information reports can you miss before you can’t revive your California LLC?
There is no limit on revival a California LLC. Revival is available as long as your business has not been dissolved.