How to Reinstate a Wisconsin LLC

Why Wisconsin Would Dissolve an LLC

The Department of Financial Institutions may dissolve an LLC that, for at least one year, has not paid fees or penalties owed to the department, has not filed its annual report, has had no registered agent, or has not reported a change or resignation of its registered agent or office. An LLC that violates the human trafficking or child trafficking statutes may also be dissolved.

The LLC has 60 days to fix the problem before it can be administratively dissolved. The 60 days are counted after the department's written notice to the registered agent takes effect (for mail, the earliest of receipt, five days after mailing, or the date on a signed return receipt, and for e-mail, on successful transmission).

How Long You Have to Reinstate

We have not confirmed whether Wisconsin sets a deadline for reinstatement, so do not assume there is time to wait; check with the Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services as soon as you can.

How to File

You file an application for reinstatement with the Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services. The request is sent by email. Go to Wisconsin's filing page.

What It Costs

The reinstatement fee is $100.

The department reinstates the LLC only once every fee and penalty it owes the department under the LLC law has been paid. The application must state that each ground for dissolution did not exist or has been cured.

We have not confirmed whether Wisconsin requires a tax clearance to reinstate; check with the Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services.

Registered Agent Options

If your LLC's registered agent has changed, resigned or lapsed, ask the filing office named above whether Wisconsinwants that updated as part of reinstatement. You do not have to buy a service for it: in most states the LLC's owner, or another individual who qualifies, may serve as its registered agent themselves, generally subject to that state's rules on keeping a street address in the state and being available there during normal business hours. A paid service is one option and not the only one. The Wisconsin registered agent requirements set out what Wisconsin itself asks.

What Reinstatement Does

Under Wisconsin's law, a reinstated LLC continues as if it had never been administratively dissolved. The rights of a person arising from something done or not done in reliance on the dissolution, before the person knew or had notice of the reinstatement, are not affected.

If another business has taken the LLC's name in the meantime, the LLC needs a name that is still available to reinstate.

Worth Knowing in Wisconsin

While dissolved, the LLC continues to exist but may only wind up its activities, liquidate its assets or apply for reinstatement. Dissolution does not end its registered agent's authority.

More for Wisconsin LLCs

• Wisconsin LLC annual report, to keep the LLC in good standing once it is reinstated.
• Wisconsin annual report late fee, for what a late report costs before it comes to dissolution.
• Wisconsin certificate of good standing, to prove the LLC is active again.
• How to dissolve an LLC in Wisconsin, if you would rather close the LLC properly than reinstate it.
• Annual report deadline finder, to see when the next report is due.