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Annual reports for Florida companies are due to the Florida Secretary of State by May 1st each year. If you do not file your annual report by May 1st, you are fined $400. If you don’t pay the fine and file your annual report by the third Friday in September, then your company is “administratively dissolved”. A company that desires to stay in business must file for reinstatement.
The Department of State makes limited efforts to notify dissolved companies. For example, they do not mail notices. Florida Compliance Board monitors the Department of State’s records to identify administratively dissolved businesses. If your company is dissolved, Florida Compliance Board will notify you and help you get back in good standing.
1. An administratively dissolved company may not carry on any business except that necessary to wind up and liquidate its business and affairs and notify claimants; 2. A director, officer, or agent of a company (or manager or member of an LLC) that acts on behalf of the company (such, for example, by signing a company document) may be personally liable for the debts, obligations, and liabilities of the company arising from such action.  The good news is this liability goes away once the company is reinstated; and 3. The name of an administratively dissolved or revoked business entity is only held for a period of one year. After your company has been administratively dissolved for one year, another person can use your company name.
An annual report is not a financial statement. The report is used to update or confirm your company’s information with the Florida Department of State, Division of Corporations’ records. The data displayed on a company’s annual report form is the most current data on file with the Division of Corporations. An annual report must be filed each year for your business entity to maintain an “active status” with the Department of State. The annual report is required whether you need to make changes or not.
The report is due by May 1st of each year. A $400 late fee is imposed if you fail to file an annual reports on or before May 1st.
There is no provision to abate or waive the $400 late fee for failure to file an annual report before May 1st. All business entities, except non-profit corporations, must pay the $400 late fee if their annual report is filed after May 1st, even if the business entity did not receive its annual report filing notices.
Failure to file an annual report by the 3rd Friday of September will result in the administrative dissolution or revocation of the business entity at the close of business on the 4th Friday of September. Administratively dissolved or revoked entities may be reinstated by submitting the appropriate reinstatement application and the appropriate fees due at the time the entity applies for reinstatement. Names of administratively dissolved or revoked business entities are made available to other parties after one calendar year.
No, once the report and applicable fee have been submitted, the fee cannot be refunded and the report cannot be cancelled, removed, or changed.
The Florida Department of State manages Florida’s Division of Corporations and Sunbiz™ site. The Department of State maintains all filed information for corporations, limited liability companies, limited partnerships, general partnerships, trademarks, and fictitious name registrations.
Pursuant to s.817.155, Florida Statutes, it is a 3rd Degree Felony to knowingly file a false document with the Florida Department of State Division of Corporations. For the purpose of filing documents online, the typed name of the individual “signing” the document is sufficient under s.15.16, Florida Statutes. Electronic signatures have the same legal effect as original signatures. Typing someone´s name/signature without their permission constitutes forgery.