Reinstatements

If a business has become inactive, it can be reinstated by order of the Commission within 5 years after the date on which its existence or registration was terminated, canceled, revoked or withdrawn. After the 5-year period has passed, the Commission has no authority to enter an order of reinstatement or restoration.

Reinstating online is the most efficient way to reinstate your business. You can view our how-to guide to help you complete this process in the Clerk's Information System (CIS).

There are a few reasons that the SCC may terminate or cancel your business. Examples of these reasons are:

  • You did not pay registration fees;
  • If you are a corporation, you did not file an annual report;
  • Your registered agent resigned, and you did not file a statement of change appointing a new registered agent.

Complete a Business Entity Search in CIS to view the current status of your business. A business can be either Active, Pending Active, Pending Inactive, or Inactive.

If your business is pending inactive, the Reason for Status will let you know what action must be completed to avoid being terminated or cancelled.

If your business is inactive, the Reason for Status will let you know if it can be reinstated or not.

To obtain paper forms for reinstatement, you can submit a request to the Clerk’s Office. Paper reinstatement packets are issued by the Clerk’s Office in accordance with the following schedule (Eastern Time).
 
Request Received Issued
By noon of a business day By 3:00 p.m. the next Business Day
After noon of a business day By 3:00 p.m. the second Business Day

Please note that the requirements for reinstatement are valid as of the date the packet is issued and that the requirements may change over time.

Reinstatements and restorations will occur after an acceptable reinstatement or restoration application and all required forms and fees have been delivered to and processed by the Clerk’s Office.

A letter should be sent to the Clerk of the Commission explaining why the company believes the termination or cancellation was improperly imposed