How to reinstate a West Virginia Corporation
Reinstating a West Virginia Corporation with the West Virginia Secretary of State
How to reinstate a West Virginia Corporation:
If your West Virginia corporation was administratively dissolved and you would like to continue your business, you have to reinstate first. You can reinstate within two years after the administrative dissolution by filing one original West Virginia Application for Reinstatement of a Revoked or Administratively Dissolved Corporation with the West Virginia Secretary of State, Business Division (SOS). File two if you would like a file stamped copy sent back to you. The use of SOS forms is not required. Original signatures are not required. When you sign up for registered agent services with Northwest, you have instant access to the reinstatement forms.
When you submit the application, you will have to include any late annual reports, a letter of good standing from the West VirginiaTax Department, and payment for any fees.
You can pay filing fees by check, money order, or credit card. If you file in person, you can pay with cash, too. Checks should be payable to “West Virginia Secretary of State.”
Submit reinstatement documents by fax, mail, or in person:
West Virginia Secretary of State
1900 Kanawha Blvd E.
Bldg 1, Suite 157-K
Charleston, WV 25305
Phone: (304) 558-8000
Fax: (304) 558-8381
How do you get West Virginia Tax Department clearance?
- You can get a Request for Statement of Good Standing form on the West Virginia Tax Department website (see link below) there is also a form in your Northwest Registered Agent online account
- Fax or mail the completed request form to the West Virginia Tax Department
- The Tax Department will either mail or fax the certificate of good standing to you
- You submit the Statement of Good Standing to the SOS with the application for reinstatement
To contact the West Virginia Tax Department:
Administrative Support Unit
WV State Tax Department
Internal Auditing Division
1001 Lee Street East
Charleston, WV 25301
Phone: (304) 558-0678
Fax: (304) 558-8643
How much will it cost to reinstate a West Virginia Corporation?
There is a $25 filing fee for the reinstatement application. There is a $25 filing fee plus a $100 penalty fee for each delinquent annual report.
How long does it take the state to process the filing?
West Virginia SOS processes the reinstatement in 24-48 hours. They do not offer expedited processing, but if you personally deliver documents for filing they will process them immediately.
How long does your West Virginia 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 West Virginia Corporation?
The reinstatement period for West Virginia Corporations is two years. This means that you can reinstate your WV corporation within two years after the effective date of the dissolution. After that, you would have to file new articles of incorporation and start a new business. Your corporations name is only protected from use by others during the two year window reinstatement.
Can you change your West Virginia registered agent at the same time on the West Virginia reinstatement?
You can’t change your WV registered agent on the reinstatement application, but you can make the changes on the annual report, which is attached to the application.
Can you change your principal address at the same time on the West Virginia reinstatement form?
There is no place on the reinstatement form to change your principal address. If you want to change your address, do it on the annual report that you file with the application for reinstatement of your West Virginia corporation.
Can you change your officers and directors at the same time on the West Virginia reinstatement form?
No, you can’t change your officers and directors on the reinstatement application, but there is an annual report attached to the application. Make changes to your corporations officers and directors on the annual report.
How many annual reports can you miss before you can’t revive your West Virginia Corporation?
You can reinstate up to two years after the effective date of your administrative dissolution. Technically, you can miss three annual reports and then reinstate, but you can only reinstate within two years of your administrative dissolution date.