Legal Question in Real Estate Law in California

What is required in order to bring corporation that has been suspended for over 5 years back into active status within the state of california?


Asked on 8/08/09, 3:40 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Any person with a legitimate interest in a suspended corporation may apply for a certificate of revivor to "revive" the corporation. First, the reason for the suspension must be corrected; usually, this will involve payment of unpaid franchise taxes and the filing of a current statement of officers, etc.

Generally, the first step will be to contact the Franchise Tax Board (FTB) to obtain assistance in determining the tax due, including interest and penalties. Obtain and refer to FTB Form 3557. When the taxes are paid, the FTB should notify the Secretary of State (SS).

The corporation should also file a current SS Form SO-200 Statement of Officers early in the revivor process, if failure to file is among the reasons for the suspension.

Please note that bad things can happen to a corporation during suspension, including loss of its name to another entity, or rescission of any contracts it has made. If the corporation has conducted significant business while suspended, the persons seeking to revive it should brobably consult a business attorney.

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Answered on 8/08/09, 12:47 pm


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