Reinstate a Business in Pennsylvania | A Step-by-Step Guide

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Reinstate Pennsylvania Business

Running a business or forming an LLC in Pennsylvania 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 Pennsylvania, you do not need to worry. This guide will provide a step-by-step process to Reinstate your Business in Pennsylvania and get back on track.

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

How to Reinstate a Business in Pennsylvania

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 Pennsylvania 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 Decennial Reports or paying taxes. When a business is suspended, it loses its right to conduct business within Pennsylvania, 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 Pennsylvania Registered Agent Services in Pennsylvania.

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How to Reinstate a Business in Pennsylvania

In Pennsylvania, reinstating your business needs a lot of preparation, more specifically if it is located in Harrisburg. To be aware and prepared, we have gathered information on the steps to reinstate your Pennsylvania business. If it is manageable to Dissolve a Business in Pennsylvania, it is also bearable to reinstate your Pennsylvania 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 Pennsylvania business is determining why it is suspended or dissolved. This information can be found in the notice issued by Pennsylvania or by contacting the Pennsylvania Secretary of State. Common reasons for suspension or dissolution include:

  • Failure to file Decennial 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 Pennsylvania Decennial Reports and paying associated fees. In Pennsylvania, the LLC Decennial Reports costs $70 while the Corporation Decennial Report costs $0.
  • 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 Pennsylvania 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 Pennsylvania 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 Pennsylvania.

– WEBINARCARE EDITORIAL TEAM

Step 3: Obtain a Subsistence Certificate

Subsistence Certificate is a document issued by Pennsylvania that verifies that your business is in compliance with all state requirements and is authorized to conduct business within the state. Although obtaining a Subsistence Certificate 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 Subsistence Certificate in Pennsylvania, you will need to:

Get and Submit the Form

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

Online Application Process:
  • Visit the State Website: In Pennsylvania, 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 Pennsylvania Secretary of State to download the required application forms for the Subsistence Certificate. Complete the forms, ensuring all information is accurate and up-to-date.
  • Provide Required Documentation: In Pennsylvania, you may need to include copies of your registration documents, Certificate of Organization, Decennial 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 Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations, P.O. Box 8722, Harrisburg, PA 17105, along with the required fees.
Pay Any Associated Fees

The fees for obtaining a Subsistence Certificate cost $40, vary depending on the type of business entity. Some states also offer expedited processing for an additional fee. Check the Pennsylvania Secretary of State website for the most up-to-date fee schedule. The Subsistence Certificate’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 Subsistence Certificate in Pennsylvania.

Provide Proof of Compliance

To prove compliance with state requirements, you must file Decennial 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 Subsistence Certificate, you can submit your reinstatement application to the Pennsylvania’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 Pennsylvania Secretary of State’s website.
  • Providing proof of compliance with state requirements, such as filing Decennial Reports, paying taxes, and maintaining a Registered Agent.
  • Pay the reinstatement fee in Pennsylvania. The cost of the reinstatement fee amounts to $70. However, the cost will vary depending on the length of time your Pennsylvania 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 Pennsylvania’s Secretary of State. The processing time for reinstatement applications can vary depending on the Pennsylvania and the complexity of your case. Being patient and prepared to provide any additional information or documentation requested by Pennsylvania 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 Pennsylvania 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 Pennsylvania 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 Pennsylvania 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 Pennsylvania 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 Pennsylvania 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 Pennsylvania 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 Pennsylvania Business Attorneys and accountants, and evaluate which option best suits your needs and long-term business objectives.

FAQs

How do I reinstate my Pennsylvania business?
To reinstate your Pennsylvania business, you must file the necessary forms with the Pennsylvania Department of State.
Can a business be reinstated if it has been dissolved?
Yes, a business can be reinstated if it has been dissolved in Pennsylvania by filing the necessary forms with the state.
What fees are associated with reinstating a Pennsylvania business?
The fees associated with reinstating a Pennsylvania business vary depending on the type of business and the reason for dissolution.
How long does it take to reinstate a Pennsylvania business?
The time it takes to reinstate a Pennsylvania business depends on the type of business and the reason for dissolution.
Is there a time limit for reinstating a Pennsylvania business?
Yes, there is a time limit for reinstating a Pennsylvania business, and it varies depending on the reason for dissolution.
Do I need an attorney to reinstate my Pennsylvania business?
You do not necessarily need an attorney to reinstate your Pennsylvania business, but it may be helpful.
What documents do I need to reinstate my Pennsylvania business?
To reinstate your Pennsylvania business, you may need to file articles of incorporation or other documentation with the state.
Can I reinstate my Pennsylvania business online?
Yes, you can reinstate your Pennsylvania business online through the state’s website.
Does the Pennsylvania Department of State notify me if my business is dissolved?
Yes, the Pennsylvania Department of State will notify you if your business is dissolved.
What is the difference between dissolution and revocation of a Pennsylvania business?
Dissolution refers to the process of voluntarily terminating a business, while revocation refers to the process of having a business’s status involuntarily terminated by the state.
Can I reinstate my Pennsylvania business if it was put in forfeiture for not filing its annual report?
Yes, you can typically reinstate your Pennsylvania business if it was put in forfeiture for not filing its annual report, but you must file the necessary forms and pay any fees owed.
Will I need to submit tax forms to reinstate my Pennsylvania business?
It depends on why your business was dissolved in the first place and whether you owe any taxes to Pennsylvania or the IRS.
Can I continue to do business while my Pennsylvania business is in the reinstatement process?
No, you cannot legally conduct business while your Pennsylvania business is in the reinstatement process.
What happens if I do not reinstate my Pennsylvania business?
If you do not reinstate your Pennsylvania business, you risk losing your company name and any assets associated with the business.
Will I need to renew my Pennsylvania business registration as part of the reinstatement process?
Yes, you will typically need to renew your Pennsylvania business registration as part of the reinstatement process.
Can I reinstate my Pennsylvania business if it was dissolved for non-payment of taxes?
Yes, you can typically reinstate your Pennsylvania business if it was dissolved for non-payment of taxes by paying any outstanding amounts owed.
What is the cost of reinstating my Pennsylvania business after it has been officially dissolved?
The cost of reinstating your Pennsylvania business after dissolution will vary depending on the circumstances.
How can I check if my Pennsylvania business has been dissolved or is inactive?
You can check the status of your Pennsylvania business through the Pennsylvania Department of State’s website.
Is there a deadline for submitting my reinstatement paperwork?
Yes, there is typically a deadline for submitting your reinstatement paperwork to the Pennsylvania Department of State.
Can I file my Pennsylvania business reinstatement forms by mail?
Yes, you can typically file your Pennsylvania business reinstatement forms by mail.
Is there a expedited process for reinstating a Pennsylvania business?
Yes, you can pay additional fees to expedite the reinstatement process for your Pennsylvania business.
How will I know if my Pennsylvania business has been reinstated?
You will typically receive a letter or notification from the Pennsylvania Department of State once your business has been reinstated.
What should I do once I receive my reinstatement confirmation from the Pennsylvania Department of State?
Once you have received confirmation of your reinstated status, you can then resume business activities.
Can I still maintain my original business structure when I reinstate my Pennsylvania business?
Yes, as long as your business structure was not the reason for dissolution, you can typically maintain your original business structure when reinstating your Pennsylvania business.
Is it possible for my Pennsylvania business to be reinstated even if I file my paperwork late?
Yes, you can typically still reinstate your Pennsylvania business even if you file your paperwork late, but you may face additional fees or penalties.
Can I reinstate a Pennsylvania business that has been abandoned for several years?
Yes, but the process will be more complicated than reinstating a business that has been dormant for a shorter period of time.
Is there a minimum time frame that Pennsylvania businesses can be inactive before being automatically dissolved?
Yes, Pennsylvania businesses can be dissolved if they have been inactive for two consecutive years.
Will I need to obtain new licenses or permits when I reinstate my Pennsylvania business?
It depends on your business activities and license requirements, but you may need to obtain new licenses or permits to resume operations.
How do I reinstate my business in Pennsylvania?
To reinstate your business in Pennsylvania, you need to file a reinstatement application with the Pennsylvania Department of State.
How much does it cost to reinstate a Pennsylvania business?
The cost of reinstating a Pennsylvania business varies depending on the company’s type and status.
What do I need to include in my reinstatement application for my Pennsylvania business?
Your Pennsylvania business’s reinstatement application should meet state regulations and include any necessary documentation and fees.
How do I know if my Pennsylvania business is eligible for reinstatement?
Pennsylvania businesses that were properly dissolved can be reinstated.
Can I dissolve and reinstate my Pennsylvania business on the same day?
It is unlikely that you can dissolve and reinstate your Pennsylvania business on the same day.
What does it mean when my Pennsylvania business is administratively dissolved?
When your Pennsylvania business is administratively dissolved, the state has pulled your ability to do business in the state until they are reinstated.
How long does it take for Pennsylvania to administratively dissolve a business?
The Pennsylvania Department of State can administratively dissolve your business for failure to comply with annual report regulations.
What is a Pennsylvania business’s annual report, and when is it due?
Annual Reports are filing forms for Pennsylvania entities that notify the Department of State of any relevant changes to the company status within the calendar year. Certain online filings can be done throughout the calendar year while the above process can only be conducted once in the year through online system is due annually from nearly 95% of Active Entities in the state.
Do I have to file an annual report if my Pennsylvania business is not currently in operation?
If your Pennsylvania business is inactive and not conducting business in PA state in reporting year thenNo filing is recommended for the report if it states “No business activity”.
How often do I need to file a Pennsylvania business’s annual report?
You are required to file the Annual Report Filing Form every year to maintain an “Active” status of business with DSC throughout the year due on or before 15th April.
What fees are associated with Pennsylvania business’s annual report filings?
There is a fee associated with the Pennsylvania business annual report filing, but it varies depending on the company’s type and structure.
What consequences do I face if I don’t file my Pennsylvania business’s annual report?
Failure to file Pennsylvania business’s annual report may result in administrative dissolution if yearly filing-compliance requirements are not met.
Can I file my Pennsylvania business’s annual report late?
Pennsylvania allows late annual filing with certain penalties if the entity is still NOT administratively dissolved.
What if I forgot or lost the password for filing Pennsylvania business online through PALS portal?
There is an online password-reset mechanism clicking “Forgot Password?” link on DPI Dashboard and following prompts.
What if I am not able to upload the exhibits/documents while filing the form electronically through online in Pennsylvania?
Get the documents properly scanned as per the instructions/directions provided by the PA department due to the electronic portal requirement and limitations.
Who can help me with filing my Pennsylvania business’s annual report?
Pennsylvania businesses can seek the help of solicitors, law firms, accountants, or PSI as NYS department doesn’t render personalized service or consultation.
Can I request a paper version of my Pennsylvania business’s annual report?
Due to the modernized portal system of PA departments, paper/physical copy of annual report has not been accessible.
Can I download a copy of my Pennsylvania business’s annual report?
Yes. After completing the Pennsylvania business report online submission, one can access and download/view the report and payment receipt online from “Dashboard” of PALS on DPI Dashboard .
What is the fee for restoring a Pennsylvania expired business?
The fee suspends based on the duration of non-existent status of the business and payment for back-reports with penalties.
Can I restore a Pennsylvania business that began as a sole proprietorship, then became an LLC?
You can restore the converted Pennsylvania sole-proprietor business via LLC route but must comply with requisite paperwork and reporting to the appropriate chapters of the Act.
Is there a way of checking a specific business’s status of the evaluation of their compliance with Pennsylvania business laws?
Visit the homepage where PA departments make available an interactive database under “find-corperation search entity” to check compliance status.
Can a Pennsylvania company be reinstated upon cessation of debtor entity and discharge group debt in the state?
Pennsylvania agencies do recognize business continuance post discharge under chapter-11 state rules where registered business can operate under the same name after debt discharge underchapter-11 law.
Can I reinstate my Pennsylvania business if I lost my legal Standing?
Before starting Pennsylvania business operations, you must obtain the legal authoritations/certifications/licenses from local (county or municipality), state (Department of Enterprise, Business and Volunteerism) and federal governments authrorizing transacting in conformance with PA law.
Is there a timeframe for submitting legal replacements and meeting regulatory requirements?
It must meet all obligations including licensing, renewal and update from state and federal. It needs immediate attention to become current with renewal for removal dissolution and PennDOT Section 131.230 complete the requirement within a hundred days.
Can I trademark my business name when it is inactive in Pennsylvania?
In PA, a trademark application may be filed so long as there can’t be of confusion to the public to get protection for holding in business-situation to occur within the state.
Where do I check the Pennsylvania trademark availability database as my business’s name change might break existing Pennsylvania Laws?
The availability of trademarks related services in Pennsylvania checks on Open Gov database in latest updated records with prior permissions, qualifications, usage of names, etc.
How long time it to take after filing the Pennsylvania business registration for receiving the license to commence business operations in the state?
It’s up to department discretion based on comprehensive inspections when a certificate of regular workouts will issue if everything is optimal and as intended, guidance for compliance and after sales services also provided if required.

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Conclusion

Reinstating a business in Pennsylvania 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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