Application For Reinstatement And Request To Set Aside Revocation Or Forfeiture (Texas)
This form reinstates and requests to set aside revocation or forfeiture in Texas. The form provided here is simply a sample of what the actual Form 801 looks like.
Office of the Secretary of State
Corporations Section
P.O. Box 13697
Austin, Texas 78711-3697
APPLICATION FOR REINSTATEMENT AND REQUEST TO SET ASIDE REVOCATION OR FORFEITURE
Name of entity: _________________
File No.: _________________
Taxpayer ID No.: _________________
1. The entity named above was forfeited or its certificate of authority was revoked on _________________ (date) for the following reason:
(check one)
____ (a) failure to maintain a registered agent;
____ (b) failure to file a franchise tax return and/or pay state franchise tax;
____ (c) other: _________________
2. The entity has corrected the default and has paid all fees, taxes, and penalties due.
3. The entity applies for reinstatement and requests that the secretary of state set aside the forfeiture or the revocation of its certificate of authority.
By _________________ (signature)
_________________ (title)
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INSTRUCTIONS FOR FILLING OUT THIS FORM
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1. SIGNATURE:
CORPORATIONS - An application for reinstatement by a corporation forfeited for failure to file a franchise tax return and/or pay state franchise taxes must be signed by an officer, director or shareholder of the corporation. All other applications must be signed by an officer or director of the corporation.
LIMITED LIABILITY COMPANIES - An application for reinstatement by a limited liability company must be signed by a manager or member of the limited liability company.
2. FEES:
Business Corporation or Foreign Limited Liability Company under 1(a) or (c) $50.00
Texas Limited Liability Company under 1(a) or (c) $10.00
Non-Profit Corporation under 1(a) or (c) $25.00
Business Corporation or Texas or Foreign Limited Liability Company under 1(b) $75.00
Non-Profit Corporation under 1(b) No Fee
3. SUBMISSION:
TAX FORFEITURES - If the entity was forfeited or revoked for failure to pay state franchise tax and/or file a tax return, it must satisfy that delinquency prior to reinstatement. Contact the Comptroller of Public Accounts for assistance in complying with franchise tax filing requirements. The Comptroller may be contacted at (800) 252-1381 or (512) 463-4600; TDD: (800) 248-4099 or (512) 463-4621. When all franchise tax filing requirements have been met, the Comptroller will issue a letter of eligibility for reinstatement. Two copies of this application for reinstatement, along with the letter from the Comptroller and the appropriate filing fee should be sent to the address shown in the heading of this form. The delivery address is shown in the paragraph below.
NON-TAX FORFEITURES - Entities forfeited or revoked for non-tax reasons should satisfy the delinquency which led to the forfeiture or revocation and then send two copies of this application for reinstatement, along with the letter of eligibility from the Comptroller of Public Accounts and the appropriate filing fee directly to the address shown in the heading of this form. The delivery address is James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. Telephone Number: (512) 463-5555, TDD: (800) 735-2989; FAX: (512) 463-5709.
4. TIME PERIOD FOR REINSTATEMENT: Entities involuntarily dissolved or revoked for non-tax reasons may only be reinstated within a certain time period from the date of the dissolution or revocation.
Non-Profit Corporation 12 months
Foreign Limited Liability Company 24 months
Business Corporation, Professional Corporation, Professional Association, and Texas Limited Liability Company 36 months
5. ENTITY NAME: In order to reinstate, the entity's name must be available for use in the state. For preliminary clearance of the availability of the name you may call (512) 463-5555. This is only a preliminary clearance, the final decision on the name will be made when the document is submitted for filing. If the entity's name is not available for use in the state, the entity must simultaneously amend its articles of incorporation or organization to change its name to one which is available.
If the name is currently available, you may wish to file a name reservation in order to allow time for preparation of all documentation necessary for reinstatement. You may reserve a name for a period of 120 days by submitting a signed written application setting forth the name to be reserved and the appropriate filing fee. The fee for reservation of a corporate name is $40.00; the fee for reservation of a limited liability company name is $25.00. The name reservation application should be sent to the secretary of state at the address shown in the heading of this form.
6. A reinstatement is not effective until filed by the secretary of state. The effective date of filing will be the date that the completed application, appropriate attachments, and fees are received by the secretary of state, provided all statutory requirements have been satisfied and the entity name is available.
Form No. 801
Revised 9/97