How to Reinstate an LLC in Florida
Running a limited liability company (LLC) in Florida requires compliance with certain state regulations. If your Florida LLC has been administratively dissolved, you will need to go through the reinstatement process to regain your company’s legal status. Here is a step-by-step guide on how to reinstate an LLC in Florida.
1. Determine the reason for dissolution: Before proceeding with reinstatement, identify the reason for the administrative dissolution. Common causes include failure to file an annual report, unpaid taxes, or failure to maintain a registered agent.
2. Address all outstanding issues: Clear any outstanding tax obligations or fees associated with your LLC, including late penalties and interest charges. You may also need to update your registered agent information if there have been any changes.
3. File the reinstatement application: Prepare and submit the reinstatement application to the Florida Division of Corporations. You can file the application online, by mail, or in person. Include the necessary documents, such as the LLC’s name, FEI (Federal Employer Identification) number, and the reason for dissolution.
4. Pay the reinstatement fee: Along with the application, you will need to pay a reinstatement fee. The fee may vary depending on the duration of the dissolution and the specific circumstances of your LLC.
5. Wait for processing: After submitting the application and fee, the state will process your request. The reinstatement process may take several weeks, so be patient during this period.
6. Verify the reinstatement: Once reinstated, you will receive a Certificate of Reinstatement from the Florida Division of Corporations. Keep this document for your records and update any necessary business licenses or permits.
Frequently Asked Questions (FAQs) about Reinstating an LLC in Florida:
1. How much does it cost to reinstate an LLC in Florida?
The reinstatement fee varies depending on the duration of the dissolution. As of 2021, the fee is typically $100.
2. Can I reinstate an LLC online?
Yes, you can file the reinstatement application online through the Florida Division of Corporations website.
3. Is there a time limit for reinstatement after dissolution?
You can reinstate your LLC at any time after dissolution, as long as it has not been administratively terminated.
4. Can I change my LLC’s name during reinstatement?
No, you cannot change your LLC’s name during the reinstatement process. Name changes require a separate filing.
5. What happens if I don’t reinstate my LLC?
If you fail to reinstate your LLC, it will remain dissolved, and you may lose protection from personal liability for business activities.
6. Can I apply for reinstatement if I owe taxes?
Yes, you can apply for reinstatement even if you owe taxes. However, you must address all outstanding tax obligations before your reinstatement is granted.
7. Will my reinstatement be retroactive?
No, the reinstatement of your LLC will be effective from the date the Division of Corporations approves your application.
8. Can I continue operating my business during the reinstatement process?
It is advisable to suspend business operations until your LLC is officially reinstated to avoid any legal complications.
9. Can I appeal if my reinstatement application is denied?
Yes, you have the option to appeal the denial of your reinstatement application within a specified timeframe.
Reinstating an LLC in Florida may seem like a daunting process, but by following the necessary steps and addressing outstanding issues promptly, you can successfully regain your LLC’s legal status. Remember to consult with a professional or seek legal advice if you have any specific concerns or questions about reinstating your Florida LLC.