What is the process for reinstating my LLC or corporation if it was suspended by the Franchise Tax Board or Secretary of State?

To reinstate your suspended California LLC or corporation, you must resolve all outstanding compliance issues with the suspending agency and file a formal Application for Certificate of Revivor with the Franchise Tax Board (FTB). The exact steps depend on which agency suspended your entity. Here's how to reinstate your business entity: Step 1: Determine Why Your Business Was Suspended Visit the California Secretary of State (SOS) business search website to look up your entity. The status will show "FTB Suspended" or "SOS Suspended." This tells you which agency's requirements to address first. If both have holds, you must clear them in order. Step 2: Fulfill Franchise Tax Board (FTB) Requirements If the FTB suspended your entity, you must file all delinquent tax returns (e.g., Form 568 for LLCs, Form 100 for Corporations) and pay all outstanding taxes, penalties, and interest. This includes the annual $800 minimum franchise tax for every year of suspension. Step 3: Fulfill Secretary of State (SOS) Requirements If the SOS suspended your entity, it is typically for failing to file the required biennial Statement of Information. You must file all overdue statements (Form SI-550 for corporations or SI-LLC-12 for LLCs) and pay the filing fees and penalties. Step 4: File the Application for Certificate of Revivor Once you have met the tax and filing requirements, you must submit an Application for Certificate of Revivor (Form FTB 3557 for corporations or FTB 3557 LLC for LLCs) to the Franchise Tax Board. This form certifies that all necessary actions have been completed. Important considerations: While suspended, your business cannot legally operate, enter into contracts, or defend itself in court. Any contracts made during suspension are voidable by the other party. Furthermore, if another business registered your entity's name while it was suspended, you may be required to choose a new name and amend your articles to complete the reinstatement. Note: The reinstatement process can take several weeks. You can request expedited service for a fee. If you owe a large amount in back taxes, the FTB may allow you to enter into a payment plan to become reinstated before the full balance is paid. This is general information and does not constitute legal advice. For complex situations, such as significant tax liabilities or name availability issues, consult with a qualified California attorney.