Reinstate a Business in North Dakota | A Step-by-Step Guide

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Reinstate North Dakota Business

Running a business or forming an LLC in North Dakota can be a rewarding yet challenging experience. When operating a business, unforeseen circumstances may arise, leading to the suspension or dissolution of the entity. If your business has been suspended or dissolved in North Dakota, you do not need to worry. This guide will provide a step-by-step process to Reinstate your Business in North Dakota and get back on track.

Webinarcare Editorial Team will help you easily reinstate your North Dakota business. You must be guided by all the factors gathered in this article.

How to Reinstate a Business in North Dakota

Understanding Dissolution and Suspension

Before diving into the reinstatement process, it’s essential to understand the difference between dissolution and suspension.

Dissolution

Dissolution is the legal termination of a business entity. This can happen voluntarily by the owners or involuntarily by North Dakota due to non-compliance with state laws and regulations. When a business is dissolved, it must cease all operations and settle outstanding debts and liabilities.

Suspension

The state can suspend a business entity for various reasons, such as failing to file Annual Reports or paying taxes. When a business is suspended, it loses its right to conduct business within North Dakota, and the owners may be personally liable for any debts or liabilities incurred during the suspension period. Hiring a Registered Agent for your documents to be compliant is very important. You could check out the Best North Dakota Registered Agent Services in North Dakota.

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How to Reinstate a Business in North Dakota

In North Dakota, reinstating your business needs a lot of preparation, more specifically if it is located in Bismarck. To be aware and prepared, we have gathered information on the steps to reinstate your North Dakota business. If it is manageable to Dissolve a Business in North Dakota, it is also bearable to reinstate your North Dakota business. Keep in mind that you should follow the mentioned steps below. 

Step 1: Determine the Reason for Suspension or Dissolution

The first step in reinstating your North Dakota business is determining why it is suspended or dissolved. This information can be found in the notice issued by North Dakota or by contacting the North Dakota Secretary of State. Common reasons for suspension or dissolution include:

  • Failure to file Annual Reports
  • Failure to pay taxes or fees
  • Failure to maintain a Registered Agent
  • Non-compliance with state laws and regulations

Step 2: Resolve Outstanding Issues

Once you have identified the reason for your business’s suspension or dissolution, you must resolve the outstanding issues. This may include:

  • Filing any missing North Dakota Annual Reports and paying associated fees. In North Dakota, the LLC Annual Reports costs $50 while the Corporation Annual Report costs $25.
  • Paying any outstanding taxes or fees
  • Appointing or updating your Registered Agent information. 
  • Resolving any non-compliance issues with state laws and regulations

Ensure that you keep records of all payments and documents submitted to the North Dakota Secretary of State, as you may need to provide proof of compliance during the reinstatement process. We recommend hiring the Best Registered Agent Services if you plan to reinstate your business. This will ensure that your documents are up to date.

It is suggested that you speak with a legal professional before you begin reinstating your North Dakota business. They’ll understand what’s best for you and your company. To safeguard your personal assets from business debts, you can always start an LLC in North Dakota.

– WEBINARCARE EDITORIAL TEAM

Step 3: Obtain a Certificate of Good Standing

Certificate of Good Standing is a document issued by North Dakota that verifies that your business is in compliance with all state requirements and is authorized to conduct business within the state. Although obtaining a Certificate of Good Standing is not always required for reinstatement, it can be beneficial in demonstrating your business’s compliance and may expedite the reinstatement process.

To obtain a Certificate of Good Standing in North Dakota, you will need to:

Get and Submit the Form

The form is available on the North Dakota Secretary of State website. You can download the form and mail it or submit it online. 

Online Application Process:
  • Visit the State Website: In North Dakota, they offer an online portal for business services, which includes the option to request a Certificate of Status.
  • Register an Account: You may need to create an account or log in to your existing account to access the application process.
  • Provide Required Information and Documentation: The online application typically requires basic information about your business, such as the entity name, identification number, and business type. You may also need to upload supporting documents. 
Paper Application Process:
  • Download and Complete the Appropriate Forms: Visit the North Dakota Secretary of State to download the required application forms for the Certificate of Good Standing. Complete the forms, ensuring all information is accurate and up-to-date.
  • Provide Required Documentation: In North Dakota, you may need to include copies of your registration documents, Articles of Organization, Annual Reports, or other supporting materials.
  • Mail or Deliver the Application: Once you have completed the forms and gathered the necessary documents, mail or deliver the application package to the North Dakota, 600 E Boulevard Avenue Dept 108, Bismarck ND 58505-0500, along with the required fees.
Pay Any Associated Fees

The fees for obtaining a Certificate of Good Standing cost $15, vary depending on the type of business entity. Some states also offer expedited processing for an additional fee. Check the North Dakota Secretary of State website for the most up-to-date fee schedule. The Certificate of Good Standing’s processing time varies from state to state. Also, it depends on the expedited filing as well. It can take a few days to a few months to obtain the Certificate of Good Standing in North Dakota.

Provide Proof of Compliance

To prove compliance with state requirements, you must file Annual Reports and pay the necessary taxes.

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Step 4: Submit Reinstatement Application

Once you have resolved all outstanding issues and obtained a Certificate of Good Standing, you can submit your reinstatement application to the North Dakota’s Secretary of State. The reinstatement application process may vary depending on the state and the type of business entity (corporation, LLC, etc.).

In general, the reinstatement application process will require:

  • Completing a reinstatement application form is typically found on the North Dakota Secretary of State’s website.
  • Providing proof of compliance with state requirements, such as filing Annual Reports, paying taxes, and maintaining a Registered Agent.
  • Pay the reinstatement fee in North Dakota. The cost of the reinstatement fee amounts to $50. However, the cost will vary depending on the length of time your North Dakota business has been suspended or dissolved.

Step 5: Wait for Approval

After submitting your reinstatement application and all required documentation, you must await approval from the North Dakota’s Secretary of State. The processing time for reinstatement applications can vary depending on the North Dakota and the complexity of your case. Being patient and prepared to provide any additional information or documentation requested by North Dakota during this time is essential.

Step 6: Notify Creditors and Stakeholders

Once your business has been reinstated, you must notify creditors and stakeholders of your business’s renewed status. This may include:

  • Sending a formal letter to creditors and stakeholders informing them of the reinstatement.
  • Updating your North Dakota business’s website and social media accounts to reflect the reinstated status.
  • Informing any relevant licensing or regulatory agencies of the reinstatement.

Step 7: Resume Business Operations

After your North Dakota business has been reinstated and all relevant parties have been notified, you can resume your business operations. Be sure to maintain compliance with state laws and regulations moving forward to avoid future suspensions or dissolutions.

Reinstating or Creating a New Business?

Whether to reinstate a business or start a new one from scratch depends on several factors specific to your situation. Here are some points to consider when making your decision:

  • Costs: The costs of reinstating and starting a new business can vary significantly. Reinstating a business may involve paying outstanding taxes, fees, and penalties while starting a new business requires registration fees and potential legal costs. Compare both options’ costs to determine which is more financially viable.
  • Business History and Reputation: If your previous business has a strong reputation and established customer base, reinstating it may be more beneficial than starting from scratch. On the other hand, if your North Dakota business has a negative history or unresolved legal issues, start fresh with a new business.
  • Time and Effort: Reinstating a business can be a time-consuming process, as you need to resolve outstanding issues, submit a reinstatement application, and wait for approval. Starting a new North Dakota business may be faster, as you can register the business and begin operations relatively quickly. Consider which option is more time-efficient based on your situation.
  • Legal and Regulatory Compliance: If your previous North Dakota business was suspended or dissolved due to non-compliance with state laws and regulations, you should carefully evaluate whether you can maintain compliance if the business is reinstated. If you are confident in your ability to comply with requirements, reinstating the business might be a good option. However, starting a new North Dakota business might be a better choice if you still determine your ability to maintain compliance.

Ultimately, deciding to reinstate a business or start a new one from scratch depends on your circumstances and goals. Consider the abovementioned factors, consult with professionals such as North Dakota Business Attorneys and accountants, and evaluate which option best suits your needs and long-term business objectives.

FAQs

How do I reinstate my North Dakota business?
To reinstate your North Dakota business, you need to file Articles of Reinstatement with the Secretary of State’s office.
How much does it cost to reinstate a North Dakota business?
The fee to reinstate a North Dakota business varies depending on the entity type, but typically ranges from $35 to $250.
Can I reinstate my North Dakota business online?
Yes, you can file your Articles of Reinstatement online through the North Dakota Secretary of State’s website.
What happens if I don’t renew my North Dakota business?
If you don’t renew your North Dakota business, it will be dissolved by the Secretary of State.
How can I check if my North Dakota business is still active?
You can check the status of your North Dakota business through the Secretary of State’s website.
How long does it take to reinstate a North Dakota business?
It typically takes around 3-5 business days for the Secretary of State to process your Articles of Reinstatement.
Can I reinstate my North Dakota business if I have unpaid taxes?
No, you must resolve any unpaid taxes before you can reinstate your North Dakota business.
What do I need to provide when reinstating my North Dakota business?
You’ll need to provide your business’s name, mailing address, and entity type when reinstating your North Dakota business.
Do I need to renew my North Dakota business every year?
Yes, all North Dakota businesses need to file an Annual Report and renew their registration each year.
Can I reinstate a North Dakota business that has been dissolved for more than a year?
Yes, you can submit a Reinstatement Application to reinstate a North Dakota business that has been dissolved for more than a year.
Will I lose my North Dakota LLC name if my business is dissolved?
No, your North Dakota LLC name will still be reserved for 120 days after dissolution, giving you time to reinstate your business.
Can I change my North Dakota business’s name when reinstating it?
Yes, you can change your North Dakota business’s name when reinstating it by including a name change amendment with your Articles of Reinstatement.
Do I need to pay any additional fees when reinstating my North Dakota business?
You may need to pay late fees or penalties in addition to the reinstatement fee if your North Dakota business has been dissolved for an extended period of time.
Can I expedite the reinstatement process for my North Dakota business?
Yes, you can pay an additional fee for expedited processing of your Articles of Reinstatement.
What types of North Dakota business entities can be reinstated?
All types of North Dakota business entities, including corporations, LLCs, partnerships, and non-profits, can be reinstated.
Can I continue doing business while my North Dakota business is inactive?
No, you’re not allowed to conduct business in North Dakota while your business is inactive.
Who can file the Articles of Reinstatement to reinstate a North Dakota business?
The Articles of Reinstatement can be filed by the owner of the North Dakota business, another member or manager, or an authorized agent.
Will I receive any notification when my North Dakota business has been reinstated?
Yes, you’ll receive a Certificate of Reinstatement from the Secretary of State once your North Dakota business has been reinstated.
Can I get my North Dakota business’s EIN reinstated after it’s been dissolved?
No, you’ll need to apply for a new EIN for your North Dakota business if it’s been dissolved.
How can I contact the North Dakota Secretary of State’s office for more information?
You can find contact information for the North Dakota Secretary of State’s office on their website.
Can I reinstate my North Dakota business if I’m not a North Dakota resident?
Yes, anyone can reinstate a North Dakota business regardless of their residency.
Can I reinstate a North Dakota nonprofit organization?
Yes, all types of North Dakota business entities, including non-profits, can be reinstated.
Do I need to file any additional forms with the Articles of Reinstatement to reinstate my North Dakota business?
No, in most cases, you only need to file the Articles of Reinstatement to reinstate your North Dakota business.
Are there any special requirements for reinstating a North Dakota corporation?
In some cases, you may need to file additional paperwork, such as a Certificate of Corporation’s Authority, to reinstate a North Dakota corporation.
Can I reinstate a North Dakota business if I’ve filed for bankruptcy?
Yes, you can reinstate a North Dakota business if you’ve filed for bankruptcy as long as it’s not permanently closed.
Can I reinstate a North Dakota business that’s been dissolved due to failure to file an Annual Report?
Yes, you can reinstate a North Dakota business that’s been dissolved due to failure to file an Annual Report by filing the appropriate paperwork.
Do I need to file anything with the IRS to reinstate my North Dakota business?
No, you don’t need to file anything with the IRS to reinstate your North Dakota business.
Can I reinstate my North Dakota business if I’ve lost track of the paperwork?
Yes, you can typically request a copy of the necessary paperwork from the Secretary of State to reinstate your North Dakota business.
What happens to my North Dakota business’s assets and debts if it’s been dissolved?
The assets and debts of a dissolved North Dakota business will be distributed according to state law.
Is my North Dakota business in good standing?
To check your North Dakota business’s standing, you can search the North Dakota Secretary of State’s website.
How long does it take to process a North Dakota business reinstatement?
Typically, the North Dakota Secretary of State will process a business reinstatement within a week.
What paperwork is required for reinstating a North Dakota business?
Generally, the completed North Dakota business reinstatement form ND SOS – SFN 13159 is required.
What happens if I do not reinstate my North Dakota business?
If you do not reinstate your North Dakota business, it may result in additional fees or cancellation.
When can I reinstate my North Dakota business after cancellation?
You can usually reinstate your North Dakota business once any overdue fees have been paid and all required paperwork has been submitted.
Can I apply for reinstatement of my North Dakota business after a automatic dissolution?
Yes, reinstatement can be done shortly after the North Dakota business’s dissolution automatic period.
What are the fees associated with reinstating my North Dakota business?
The fees associated with reinstating a North Dakota business vary depending on the type of business.
How long does it take to reinstate a North Dakota LLC business?
Typically, the reinstatement of a North Dakota LLC business can take between 3 and 5 business days.
What do I need to do if my North Dakota business was wrongfully dissolved?
If your North Dakota business was wrongfully dissolved, you can reinstate it by submitting a request for reinstatement and all required paperwork to the Secretary of State.
How do I obtain a certificate of good standing for a North Dakota business?
You can obtain a certificate of good standing for a North Dakota business by contacting the Secretary of State.
What is an administratively dissolved North Dakota business?
An administratively dissolved North Dakota business is a business that the Secretary of State has dissolved due to the failure to fulfill compliance criteria.
What is required to dissolve a North Dakota corporation?
To dissolve a North Dakota corporation, the proper paperwork must be completed and filed with the Secretary of State.
Can I reopen my North Dakota business after it has been voluntarily dissolved?
Yes, you can reopen your North Dakota business after it has been voluntarily dissolved through the process of reinstatement.
Can I dissolve my North Dakota business without completing reformation inactivating it?
No, the North Dakota Secretary of State requires the inactivation or removal of reformation for dissolution.
What is North Dakota business dissolution?
North Dakota business dissolution refers to the formal process of ending a North Dakota business’s operations.
What are the options for dissolving a North Dakota small business?
The three main options to dissolve a North Dakota small business are the dissolution’s written consent, unanimous shareholder consent, or board of directors resolution.
Can I dissolve my North Dakota business if it has outstanding debts?
Yes, but be sure to satisfy all debts before the total dissolution.
Are there any compliance requirements when dissolving a North Dakota business?
Yes, certain paperwork and properly filing with the Secretary of State are needed when dissolving a North Dakota business.
What is the process for dissolving a North Dakota partnership?
The process of dissolving a North Dakota partnership differs, but some common requirements include liquidation, assets distribution, debt clearance.
What happens to my North Dakota business after it is dissolved?
North Dakota business assets may be liquidated and debts satisfied or distributed.
What are some steps in ensuring a smooth process of dissolving a North Dakota business?
Your lawyer can provide a step-by-step plan of action when dissolving a North Dakota business.
Must I turn in all issued Business ID plates when submitting dissolution paperwork?
Yes, they are required when submitting dissolution paperwork to the North Dakota Secretary of State.
How long does it take for a North Dakota business to be recognized as dissolved?
The amount of time it takes for a North Dakota business to be recognized as dissolved depends on a range of factors.
Can I reinstate my North Dakota LLC and revoke a dissolution myself?
Putting together a requested reinstatement typically will simply need you to include upkeep certificate charges and any related penalty costs.
What forms do I file with North Dakota for business dissolution?
Business dissolution forms are usually based on the particular form of the company (LLC, non-profit, corporation). Form-related details included could end up being inclusive and need payment or other charges attached.
What is the quickest way to dissolve a North Dakota company?
If all declared policies are valid when submitted, the filings for Corporate or Assurance, partnerships, and LLPs can end up being authorized and finalized electronically within just three (3) business days & quickly disbanded within several extra working working days after that, dependent upon styles and extent associated with virtually any disorders.

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Conclusion

Reinstating a business in North Dakota can be complex and time-consuming. However, following the steps outlined in this guide, you can successfully reinstate your business and resume operations. Remember to stay diligent in maintaining compliance with state laws and regulations to avoid future issues and ensure the continued success of your business.

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