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darkinvestor

11/20/19 5:19 PM

#45693 RE: Bmuuster #45692

Thanks but that doesnt talk about reinstatement. They have 60 days to challenge the dissolution. If they do not complete within 60 days they will dissolve the business. They can still reinstate no more than 5 years.

Nice try.

2019 Florida Statutes
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Title XXXVIBUSINESS ORGANIZATIONS
Chapter 607FLORIDA BUSINESS CORPORATION ACT
SECTION 1420Administrative dissolution.

607.1420 Administrative dissolution.—
(1) The department may dissolve a corporation administratively if the corporation does not:
(a) Deliver its annual report to the department by 5 p.m. Eastern Time on the third Friday in September of each year;
(b) Pay a fee or penalty due to the department under this chapter;
(c) Appoint and maintain a registered agent and registered office as required by s. 607.0501;
(d) Deliver for filing a statement of change under s. 607.0502 within 30 days after a change has occurred in the name or address of the agent unless, within 30 days after the change occurred:
1. The agent filed a statement of change pursuant to s. 607.05031; or
2. The change was made in accordance with s. 607.0502(4);
(e) The corporation has failed to answer truthfully and fully, within the time prescribed by this chapter, interrogatories propounded by the department; or
(f) The corporation’s period of duration stated in its articles of incorporation expires.
(2) Administrative dissolution of a corporation for failure to file an annual report must occur on the fourth Friday in September of each year. The department shall issue a notice in a record of administrative dissolution to the corporation dissolved for failure to file an annual report. Issuance of the notice may be by electronic transmission to a corporation that has provided the department with an e-mail address.
(3) If the department determines that one or more grounds exist for administratively dissolving a corporation under paragraph (1)(b), paragraph (1)(c), or paragraph (1)(d), the department shall serve notice in a record to the corporation of its intent to administratively dissolve the corporation. Issuance of the notice may be by electronic transmission to a corporation that has provided the department with an e-mail address.
(4) If, within 60 days after sending the notice of intent to administratively dissolve pursuant to subsection (3), a corporation does not correct each ground for dissolution under paragraph (1)(b), paragraph (1)(c), or paragraph (1)(d) or demonstrate to the reasonable satisfaction of the department that each ground determined by the department does not exist, the department shall dissolve the corporation administratively and issue to the corporation a notice in a record of administrative dissolution that states the grounds for dissolution. Issuance of the notice of administrative dissolution may be by electronic transmission to a corporation that has provided the department with an e-mail address.
(5) A corporation that has been administratively dissolved continues in existence but may only carry on activities necessary to wind up its activities and affairs, liquidate and distribute its assets, and notify claimants under ss. 607.1405, 607.1406, and 607.1407.
(6) The administrative dissolution of a corporation does not terminate the authority of its registered agent for service of process.
History.—s. 127, ch. 89-154; s. 156, ch. 90-179; s. 9, ch. 2009-72; s. 185, ch. 2019-90.
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darkinvestor

11/20/19 5:36 PM

#45694 RE: Bmuuster #45692

Actually there is no time limit, here you go:

2019 Florida Statutes
< Back to Statute Search Results
Title XXXVIBUSINESS ORGANIZATIONS
Chapter 607FLORIDA BUSINESS CORPORATION ACT
SECTION 1422Reinstatement following administrative dissolution.

607.1422 Reinstatement following administrative dissolution.—
(1) A corporation that is administratively dissolved under s. 607.1420 or that was dissolved under 1s. 607.1421 before January 1, 2020, may apply to the department for reinstatement at any time after the effective date of dissolution. The corporation must submit all fees and penalties then owed by the corporation at the rates provided by laws at the time the corporation applies for reinstatement, together with an application for reinstatement prescribed and furnished by the department, which is signed by both the registered agent and an officer or director of the corporation and states:
(a) The name of the corporation;
(b) The street address of the corporation’s principal office and mailing address;
(c) The date of the corporation’s organization;
(d) The corporation’s federal employer identification number or, if none, whether one has been applied for;
(e) The name, title or capacity, and address of at least one officer or director of the corporation; and
(f) Additional information that is necessary or appropriate to enable the department to carry out this chapter.
(2) In lieu of the requirement to file an application for reinstatement as described in subsection (1), an administratively dissolved corporation may submit all fees and penalties owed by the corporation at the rates provided by law at the time the corporation applies for reinstatement, together with a current annual report, signed by both the registered agent and an officer or director of the corporation, which contains the information described in subsection (1).
(3) If the department determines that an application for reinstatement contains the information required under subsection (1) or subsection (2) and that the information is correct, upon payment of all required fees and penalties, the department shall reinstate the corporation.
(4) When reinstatement under this section becomes effective:
(a) The reinstatement relates back to and takes effect as of the effective date of the administrative dissolution.
(b) The corporation may operate as if the administrative dissolution had never occurred.
(c) The rights of a person arising out of an act or omission in reliance on the dissolution before the person knew or had notice of the reinstatement are not affected.
(5) The name of the dissolved corporation is not available for assumption or use by another eligible entity until 1 year after the effective date of dissolution unless the dissolved corporation provides the department with a record signed as required by s. 607.0120 permitting the immediate assumption or use of the name by another eligible entity.
(6) If the name of the dissolved corporation has been lawfully assumed in this state by another business entity, the department shall require the dissolved corporation to amend its articles of incorporation to change its name before accepting its application for reinstatement.
History.—s. 129, ch. 89-154; s. 157, ch. 90-179; s. 36, ch. 2003-283; s. 187, ch. 2019-90.
1Note.—Repealed by s. 186, ch. 2019-90.