Why Do You Need Montana Reinstatement For Your LLC Or Corporation?
When the state puts a company in bad standing, it may impose noncompliance fines and even administratively dissolve the business entity. To settle the issues, the company will have to go through the Montana reinstatement process.
What Is Needed To File For Reinstatement?
Reinstating a company after administrative dissolution involves the filing of formal paperwork and the completion of a process. The steps and requirements are based on state laws.
LLC – Administratively dissolved LLCs in Montana need to obtain a Tax Certificate first from the Department of Revenue. This request is free of charge. However, you have to make sure you are current with your taxes, penalties, and interest. If your LLC is not, you will have to settle everything to get the certificate. The reviver section of the form refers to the suspension of a company by the Department of Revenue because of its failure to pay corporate taxes for many years.
Once you get the document, file it along with the Reinstatement or Reviver for Limited Liability Company form with the Secretary of State by mail, by fax, or in person.
Corporation – As for corporations, Montana requires you to submit a Tax Clearance from the Department of Revenue. This will serve as proof that your company does not have any unpaid taxes, penalties, or interest. You will have to settle all missed annual reports and delinquent taxes. Submit the clearance with the completed Reinstatement or Revive Domestic or Foreign Corporation Application form. File this with the Secretary of State by fax, by mail, or in person.
How Much Will It Cost To Reinstate?
LLC – The filing fee for reinstating a Montana LLC is $35. You also have to add $30 for every back annual report. As for the current annual report, the fee is $15 if you file for reinstatement before April 15. Otherwise, it will cost $30.
Corporation – You need to pay $30 to reinstate a Montana corporation. You also need to pay an additional $30 for every annual report you did not file. For the current annual report, reinstatement filings before April 15 cost $15. It will be $30 after that.
How Long Will This Process Take?
The Secretary of State takes approximately 1-2 weeks to finish processing a Montana reinstatement filing. You can request expedited service. If you choose this, they will finish either within an hour or a day. It will depend on your request.
What Is Required On The Forms?
LLC – Prepare the following information to complete the forms:
- Business Entity Type
- Entity Name
- New Name, If Original Is Unavailable
- Mailing Address
- Email Address
- Name And Phone Number Of The Contact Person
- Name And Mailing Address Of The Representative To Whom The Department Of Revenue Will Send The Certificate
- Signature Of An Authorized Representative
Corporation – The reinstatement packet requires the following information:
- Business Entity Type
- Entity Name
- New Name, If Original Is Unavailable
- Mailing Address
- Email Address
- Name And Phone Number Of The Contact Person
- Name And Mailing Address Of The Representative To Whom The Department Of Revenue Will Send The Certificate
- Signature Of An Authorized Representative
What Cannot Be Changed On The Forms?
LLC – The reinstatement form does not have a section for changing the registered agent of your LLC, your principal office address, or the names and addresses of your members and managers. But since you will have to attach delinquent annual reports to your application, you can update those pieces of information there.
Corporation – Corporations cannot make changes to pieces of information related to the registered agent, principal office address, or company officers and directors using the Montana reinstatement form. However, you can update those on the current annual report you will attach to your filing.
What If My Company’s Name Is In Use When I Need To Reinstate?
In case the name of your company is no longer available when you reinstate, you will have to use a different one. You can update this on the reinstatement form.
How Can DoMyLLC Assist With Streamlining?
If the state administratively dissolves your company, you will have to file for Montana reinstatement to bring it back to good standing and continue doing business legally. The process requires formal paperwork. If you need help in completing the process, a third-party organization like DoMyLLC can assist you. We can give you a personalized solution based on the specific situation and needs of your business.
Montana Reinstatement FAQs
Can you change your registered agent on the reinstatement?
No, but you can include the changes in the annual report that you will attach to the reinstatement packet.
How many annual reports can your company fail to submit before the state prohibits reinstatement?
The state allows reinstatement even after a company has missed filing five annual reports.
How long can your company be inactive with the state before it has to start over as a new business entity?
The state allows reinstatement within five years after the administrative dissolution. After that, you will have to start over and file as a new business.