When a corporation's status is suspended, the corporation has lost all its rights and privileges as a corporation and cannot legally operate. California Corporations can achieve good standing status but first, they must be revived. Two powers have the authority to suspend and revive a corporation. The first being the California Secretary of State's office and the second being the California Franchise Tax Board. We at CACORPORATEFILING would love to help you understand the process of reviving your corporate status: 877-271-4680
Reasons for Suspension
California Secretary of State's office:
Failure to file a Statement of Information on time may result in a $250.00 late fee. In addition, the California Franchise Tax Board may assess interest on the $250.00 late fee.
California Franchise Tax Board's office:
Steps for Corporate Revival
Call CACORPORATEFILING and let us help with this process
Step 1: Establish which agency suspended the corporation and why -
Has your business entity been filing their Statement of Information each year? Have they filed their tax returns annually since the inception of the business entity? Have they paid the minimum tax of $800.00 each year since the corporation was filed with the California Secretary of State if formed prior to the year 2000? If formed in the year 2000 or after, did they pay a minimum tax for their second calendar year and every year thereafter? By asking these questions, valuable time is saved as you can often establish why the corporation is suspended.
Step 2: Contact the Secretary of State or Franchise Tax Board or both :
Call the Secretary of State at 916-653-3365. Have the corporation's legal name and Secretary of State file number available when you call. You can get this information on the CA Sec of State web site.
Call the Franchise Tax Board (FTB) at 800-852-5711. Have the corporation's legal name and Secretary of State file number available when you call. You will need to ask for corporate revival requirements. If the corporation has not filed a tax return in more then a year or two, they may not give you revival requirements until they receive the tax returns. Otherwise, they will tell you how much the corporation owes and which forms they need in order to revive the corporation.
Step 3: File required documents with the suspending agency - In many cases, a Statement of Information must be filed for revival. We can file the document on an expedited basis and upon filing we can obtain a Notice of Reviver for your records.
If the corporation is suspended by the Secretary of State and the Franchise Tax Board, the Franchise Tax Board will require a Proposed Letter of Relief of Suspension at the time of filing the Statement of Information. We can obtain that for you when we file your Statement of Information.
Once we have filed the Statement of Information for you, we will go to the Franchise Tax Board.
Step 4: Corporation is Revived – Do not pay any taxes or file any forms yourself. The FTB will not honor the payment of taxes or the Secretary of State fees unless you have a cancelled check or pay in person. Documents that are mailed in take 6 months to process. Documents and checks that are paid at the counter will be processed in 5 – 7 days. Once all the paperwork is filed and tax payments are made, the Secretary of State and Franchise Tax Board will reinstate all the rights and privileges of the corporation. We can then request a certified copy the Good Standing from the Secretary of State.
Slow down in the Process
One situation is the corporation has been suspended for awhile and another corporation has taken their name or has a name so similar that your corporation will not be permitted to revive without changing your name. This problem can be solved by filing a Certificate of Amendment with the California Secretary of State. Please note that you cannot amend anything else except the name while the corporation is suspended. It is just one of those Secretary of State's stipulations. CCF can help with this process.
Another issue can be received conflicting information on the phone. If we go to the FTB for you, we will not have this issue .