Why Do You Need A South Carolina Reinstatement For Your LLC Or Corporation?
When a company loses its good standing status with the state, it may have to deal with noncompliance fines and lose the benefits given to its business entity type. The South Carolina reinstatement process will help restore that status and allow you to settle all pending obligations with the state.
What Is Needed To File For Reinstatement?
Reinstating a company requires you to follow a process that the state has set. In South Carolina, the Secretary of State may involuntarily dissolve a company that fails to file any returns and taxes.
LLC – An administratively dissolved LLC in South Carolina will have to file an Application for Reinstatement by a Limited Liability Company Dissolved By Administrative Action with the Division of Business Filings of the Secretary of State. You can download a copy of the form on the Secretary of State website.
You will also need to contact the Department of Revenue and find out how to correct defaults. Once you have settled your obligations, you will have to ask for a Certificate of Tax Compliance using the Certificate of Tax Compliance Request form.
File the reinstatement form and Certificate of Tax Compliance in duplicates with the Secretary of State. You can do it by mail, with UPS/FedEx, or in person. Payment should be in cash, money order, or personal check. Make the check payable to the Secretary of State’s office.
Corporation – To reinstate an administratively dissolved South Carolina corporation, you need to file an Application for Reinstatement of a Corporation Dissolved by Administrative Action. You will also have to settle all delinquent tax returns with the Department of Revenue, where you will obtain a Certificate of Tax Compliance.
Submit two copies of the reinstatement form and Certificate of Tax Compliance to the Secretary of State by mail or in person. You need to pay in cash, via money order, or with a personal check. Make your checks payable to the Secretary of State’s office.
How Much Will It Cost To Reinstate?
LLC – The South Carolina reinstatement filing fee for LLCs is $25, while the payment for the Certificate of Tax Compliance costs $60. You will have to pay for any delinquent tax returns too.
Corporation – Administratively dissolved corporations in South Carolina have to pay $25 for the reinstatement and $60 for the Certificate of Tax Compliance. Additionally, you need to pay for all delinquent tax returns
How Long Will This Process Take?
LLC – The processing of and LLC South Carolina reinstatement filing takes two business days. However, the Department of Revenue takes about 10 business days to finish processing your request for a Certificate of Tax Compliance.
Corporation – The Secretary of State normally takes two business days to finish processing reinstatement documents. As for the Department of Revenue, they take around 10 business days to process your request for a Certificate of Tax Compliance.
What Is Required On The Forms?
LLC – You will have to prepare the following information to complete the Application for Reinstatement:
- LLC Name
- Effective Date Of Administrative Dissolution
- Whether The Grounds For Administrative Dissolution Did Not Exist Or Your LLC Has Eliminated Them
- A Statement That Your LLC Name Satisfies State Requirements
- Name, Capacity, And Signature Of The Authorized Representative
Corporation – You will need the following information for the Application for South Carolina Reinstatement:
- Company Name
- Date Of Incorporation
- Effective Date Of Administrative Dissolution
- Whether the Grounds For Administrative Dissolution Did Not Exist Or Your Corporation Has Eliminated Them
- A Statement That Your Company Name Satisfies State Requirements
- Name, Capacity, And Signature Of The Authorized Representative
What Cannot Be Changed On The Forms?
You cannot change the name and office address of your registered agent, your principal office address, or the names and addresses of company officials.
What If My Company’s Name Is In Use When I Need To Reinstate?
Administratively dissolved companies in South Carolina also risk losing their names to other business entities. When that happens, you will have to file an amendment.
How Can DoMyLLC Assist With Streamlining?
When the state administratively dissolves your South Carolina company, you will have to file a South Carolina reinstatement form and follow a certain process to get back into good standing status. If you have never done it before, completing the transactions may be a bit confusing.
You do not have to face the entire ordeal alone; you can contact a reliable company like DoMyLLC. Our team of experts can streamline the process for you by providing assistance in completing each step. We can also give you custom solutions and live support.
South Carolina Reinstatement FAQS
No, you can only change the name and/or address of your registered agent by filing a Change of Registered Agent form.
No, you will have to file Articles of Amendment to change members/managers or officers/directors.
LLC – South Carolina LLCs have two years to file for reinstatement. After that, you will have to start over as a new business entity.
Corporation – On the other hand, South Carolina corporations can reinstate at any time.
South Carolina Business Resources:
South Carolina Office of Secretary of State
Phone Number:
(803) 734-2158
Address:
South Carolina Secretary of State
1205 Pendleton Street, Ste. 525
Columbia, SC 29201