Why Do You Need West Virginia Reinstatement For Your LLC Or Corporation?
When the state administratively dissolves a company, it revokes the benefits that come with the business entity type. West Virginia reinstatement is the process that will return the business to good standing so that it can continue doing business without worrying about the legality of its operations.
What Is Needed To File For Reinstatement?
If an administratively dissolved company wants to return to good standing, it has to resolve all compliance issues, file formal paperwork, and pay the corresponding fees. Each state has specific laws that companies need to follow.
LLC – An administratively dissolved West Virginia LLC has to file an Application for Reinstatement of a Revoked or Administratively Dissolved Limited Liability Company with the Business Division of the Secretary of State. You may also choose to draft your own document. Additionally, you will need to attach all delinquent annual reports and a Letter of Good Standing. You can get one from the Tax Department by submitting a Request for Statement of Good Standing.
Corporation – Corporations have to file an Application for West Virginia Reinstatement of a Revoked or Administratively Dissolved Corporation with the Business Division of the Secretary of State. You can draft your own if you want. You will also need to submit all past-due annual reports and a Letter of Good Standing. You can get the latter from the Tax Department.
If you want to get a file-stamped copy back, submit the documents in duplicates. Make sure checks are payable to the West Virginia Secretary of State.
Mailed or In Person:
Business Division
West Virginia Secretary of State
1900 Kanawha Blvd. E.
Bldg. 1, Suite 157-K
Charleston, West Virginia 25303
Fax: (304) 558-8381
How Much Will It Cost To Reinstate?
LLC – The filing fee for the West Virginia reinstatement is $25. Each annual report costs $125, which includes the $25 fee for the late report and the $100 delinquency fee.
Corporation – The filing fee for reinstating an administratively dissolved corporation in West Virginia is $25. The fee for each annual report is a total of $125, which includes the $25 late annual report fee and $100 delinquency fee.
How Long Will This Process Take?
The Business Division of the Secretary of State normally takes around 24-48 hours to finish processing West Virginia reinstatement filings. However, if you file in person, they will process your documents immediately.
What Is Required On The Forms?
West Virginia allows business entities to draft their own documents if they do not want to use the readily available forms. However, you need to make sure that you include the required information.
LLC – You will need the following information:
- LLC Name
- Date Of Revocation Or Administrative Dissolution
- A Statement That The Company Has Eliminated The Grounds For Dissolution
- A Statement That The Company Name Satisfies The Naming Requirements
- Name And Contact Number Of The Person To Reach In Case There Is A Problem With The Filing
- Signature And Title Of The Person Executing The Document
You will also need the following for your annual report forms:
- Filing Year
- Business Entity Name
- Incorporation Or Qualification Date
- State Of Organization
- Principal Office Address
- Principal Mailing Address
- Name And Mailing Address Of The Registered Agent
- Signature Of The Registered Agent, If They Are New
- Business Email Address
- Website Address
- Total Number Of Employees
- Names And Addresses Of The Parent Company, If Any
- Names, Titles, And Addresses Of Members and/or Managers
- Signature And Title Of The Authorized Representative
Corporation – West Virginia corporations need to prepare the following:
- Corporation Name
- Date Of Revocation Or Administrative Dissolution
- A Statement That The Company Has Eliminated The Grounds For Dissolution
- A Statement That The Company Name Satisfies The Naming Requirements
- Name And Contact Number Of The Person To Reach In Case There Is A Problem With The Filing
- Signature And Title Of The Person Executing The Document
Additionally, you may also have to disclose the following information to complete your annual report forms:
- Filing Year
- Business Entity Name
- Incorporation Or Qualification Date
- State Of Organization
- Principal Office Address
- Principal Mailing Address
- Name And Mailing Address Of The Registered Agent
- Signature Of The Registered Agent, If They Are New
- Business Email Address
- Website Address
- Total Number Of Employees
- Names And Addresses Of The Parent Company, If Any
- Names, Titles, And Addresses Of The Company Official
- Signature And Title Of The Authorized Representative
What Cannot Be Changed On The Forms?
LLC – You cannot change the principal address of the LLC or update the names and addresses of its members or managers on the Certificate of Restoration of Good Standing.
Corporation – You cannot change the principal address or update the pieces of information related to the officers and directors of the company using the Certificate of Renewal of Corporate Existence form. You cannot change your registered agent either.
What If My Company’s Name Is In Use When I Need To Reinstate?
The state allows an administratively dissolved company to complete a West Virginia reinstatement within two years after the effective date of its dissolution. During that time, the company’s name is safe and will not be available to other business entities. After that period, you will need to refile as a new business entity and your name may no longer be available. If that is the case, you will have to use another company name.
How Can DoMyLLC Assist With Streamlining?
Getting your West Virginia company back into good standing with the state requires you to follow multiple steps. Completing all the necessary transactions and paperwork can be a bit overwhelming, especially if you have never done it before.
If you think you need help, contact a reliable company like DoMyLLC. Our team of experts is here to assist you throughout the whole ordeal. We also offer custom solutions and live support, so you can expect our service to cater to the specific needs of your business.
West Virginia Reinstatement FAQs
Can you change your registered agent on the reinstatement?
No, there is no section on the West Virginia reinstatement form where you can change any information related to your registered agent. However, you can do so on the annual report.
How many annual statements can your company fail to submit before the state prohibits reinstatement?
Your company can miss up to three annual reports to be eligible for reinstatement.
How long can your company be inactive with the state before it has to start over as a new business entity?
An administratively dissolved company can reinstate within two years. After that, you will have to start over as a new business entity.