Florida Statute 607.1422 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 607
FLORIDA BUSINESS CORPORATION ACT

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F.S. 607.1422

607.1422 Reinstatement following administrative dissolution.—

(1) A corporation that is administratively dissolved under s. 607.1420 or that was dissolved under former s. 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 law 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;

(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 eligible 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; s. 49, ch. 2020-32.

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Amendments to 607.1422

Arrestable Offenses / Crimes under Fla. Stat. 607.1422

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 607.1422.

Annotations, Discussions, Cases:

Cases Citing Statute 607.1422

Total Results: 8

Sibley v. Estate of Curtiss F. Sibley

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 273 So. 3d 1062

Snippet: Charles relies for this proposition on section 607.1422, Florida Statutes (2011), which provides in pertinent

Chakra 5 v. City of Miami Beach

Court: District Court of Appeal of Florida | Date Filed: 2018-08-22

Citation: 254 So. 3d 1056

Snippet: reports and paying the back taxes.”); accord § 607.1422(3), Fla. Stat. (2013) (“When the reinstatement

Building B1, LLC v. Component Repair Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-07-12

Citation: 224 So. 3d 785, 2017 WL 2961117, 2017 Fla. App. LEXIS 9956

Snippet: 862 So.2d 6, 8 (Fla. 3d DCA 2003) (quoting § 607.1422(3), Fla. Stat. (2012)). This court further observed

Allied Roofing Industries, Inc. v. Venegas

Court: District Court of Appeal of Florida | Date Filed: 2003-07-16

Citation: 862 So. 2d 6, 2003 Fla. App. LEXIS 10825, 2003 WL 21658275

Snippet: corporation as though it had never been dissolved.[1] § 607.1422(2)-(3), Fla. Stat. (2003); Cosmopolitan Distribs

Levine v. Levine

Court: District Court of Appeal of Florida | Date Filed: 1999-07-02

Citation: 734 So. 2d 1191, 1999 WL 445693

Snippet: only have been without prejudice. Under section 607.1422(3), the corporation has the right to become reinstated

Shimoff v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1996-02-21

Citation: 668 So. 2d 335, 1996 Fla. App. LEXIS 1576, 1996 WL 72319

Snippet: CURIAM. Affirmed. See §§ 607.0130(2)(c), 607.1421, 607.1422, Fla.Stat. (1993).

Triple T., Inc. v. Jaghory

Court: District Court of Appeal of Florida | Date Filed: 1993-01-13

Citation: 612 So. 2d 642, 1993 Fla. App. LEXIS 53, 1993 WL 5860

Snippet: section 607.1422, Florida Statutes (Supp.1990), which provides in pertinent part: 607.1422 Reinstatement

First Coast Restaurants, Inc. v. Vogel

Court: District Court of Appeal of Florida | Date Filed: 1992-02-07

Citation: 592 So. 2d 1258, 1992 Fla. App. LEXIS 904, 1992 WL 18544

Snippet: statute. This interpretation is bolstered by section 607.1422(3), Florida Statutes (1991), which provides: When