Legal Question in Business Law in Texas

If a Texas C corporation is in "forfiture", has it been dissolved?. Is it the same as "revoked"? What is proper terminology in Texas vs California If forfited, can it be reinstated and have the rights of a C corp? If so, how long is it given to reinstate? Many thanks.


Asked on 6/25/14, 1:01 pm

2 Answers from Attorneys

Steven Frankoff Law Offices of Steven Frankoff

The reinstatement, or cure of forfeiture of corporate status that depends upon the events that lead to the loss of active C status. Generally, a C corporation in Tex, and Calif can be revived, or reinstated. All of the general information you need to re activate the corporate entity is on the net. I would go the Secretary of State website, for each state.

Now I simply do not have sufficient information as to the revocation (dissolution is usually voluntary); revocation is not a voluntary act, but usually a failure to perform a required filing. Again without more information, I cannot provide you with legal advice, nor is this response an acceptance of representation, or should it be considered the offering of legal advice. It is merely generalized information. If you want to pursue this matter further contact me 281 704 6740, [email protected]. Good Luck

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Answered on 6/25/14, 1:22 pm
Arthur Geffen Arthur H. Geffen, P.C.

Typically in Texas if a Corporation , C or otherwise, has had its charter forfeited, it is because it did not file the mandatory franchise tax documents (whether you had income or not) with the State Comptroller. In order to get your charter back in Texas if that is what happened, you first have to get all of your past franchise taxes filed. Even if you owe no franchise tax, there is a now a $50 per year penalty when you file them. Once filed, the Comptroller will give you (if you request it) a tax compliance certificate which you then use with an application for reinstatement with the Secretary of State.

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Answered on 6/26/14, 8:16 am


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