Indiana Governor Holcomb signed
Senate Enrolled Act 180 into law on March 13, 2018. This legislation limits the amount of time
that a business can file an application for reinstatement after it’s been
administratively dissolved or revoked by the Indiana Secretary of State. A business that has been administratively
dissolved or revoked for five (5) years or more may not be reinstated. The clock starts on the date of administrative
dissolution or revocation.
Based on the recent change, the
Indiana Secretary of State’s office will accept applications for reinstatement
for businesses that have been administratively dissolved or revoked for more
than five years for a brief period of
time. If your business has been
administratively dissolved or revoked for more than five years, please ensure
that you have submitted your application for reinstatement to the Secretary of
State’s office no later than July 31,
2018.
Please be advised that it takes
the Department of Revenue between 4 to 6 weeks to generate the certificate of
clearance that is required as part of the application for reinstatement. Do not delay in making this request to the
Department of Revenue to ensure you meet the July 31 deadline. This will be your final opportunity to
reinstate.
For businesses that have been
administratively dissolved or revoked for less than five years, you will have
five years from the date of administrative dissolution or revocation to file an
application for reinstatement. For
example, if the business was administratively dissolved on January 11, 2015,
you must file an application for reinstatement by January 10, 2020. If you miss the five year deadline, you will
not be able to file an application for reinstatement under the new law. You must also consider the 4 – 6 week
processing time for certificate of clearance requests from the Department of
Revenue.
Call
us at (219) 769-3616 with your questions, or email them to tlynch@swartz-retson.com.
Information
taken from www.in.gov.