Fillable Form 816General Information: (Application for Reinstatement of Limited (Texas Secretary of State)

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Form 816General Information: (Application for Reinstatement of Limited (Texas Secretary of State)

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Form 816—General Information
(Application for Reinstatement of Limited Liability Partnership Status)
The attached form is designed to meet minimal statutory filing requirements pursuant to the relevant code
provisions. This form and the information provided are not substitutes for the advice and services of an attorney
and tax specialist.
Commentary
In accordance with Section 152.806(c) of the Texas Business Organizations Code (BOC), the registration
of a Texas general or limited partnership as a limited liability partnership (LLP) is automatically
terminated by the secretary of state if the partnership fails to file its annual report by May 31 of the calendar
year following the year in which the report is due. The automatic termination of registration under Section
152.806(c) of the BOC affects only the partnership’s status as an LLP and is not an event that requires the
winding up and termination of the partnership under chapter 11 of the BOC.
Time Frame for Reinstatement of LLP Status: A partnership seeking to reinstate its LLP status must file
an application for reinstatement, together with all past due annual reports (Form 713) and all applicable
fees, no later than the third (3
rd
) anniversary of the effective date of the termination.
Effect of Reinstatement: In accordance with Section 152.806(h), the reinstatement of partnership’s LLP
status relates back to the effective date of the termination and takes effect as of that date. In addition, the
partnership’s status as an LLP continues in effect as if the termination of its registration had never
occurred.
Do Not Use This Form If: This form should be used only when the registration has been terminated. If
the current status of the partnership’s registration is delinquent, file the delinquent report and the report
due for the current year, if any.
Instructions for Form
• File Number: It is recommended that the file number assigned by the secretary of state to the LLP
registration be provided to facilitate processing of the document.
• Item 1—Entity Name: Set forth the name of the partnership as it is currently reflected in the records
of the secretary of state. If the name of the partnership has changed since the time its registration was
terminated by the secretary of state, an amendment to the registration (SOS Form 722) to update the
name of the partnership should be filed once the partnership’s registration as an LLP has been
reinstated.
• Item 2—FEIN: Enter the partnership’s federal employer identification number (FEIN) in the space
provided. The FEIN is a 9-digit number (e.g., 12-3456789) issued by the Internal Revenue Service
(IRS). If the partnership has not obtained a FEIN at this time, check the appropriate statement and
leave the field blank. The partnership may file an amendment to the registration once the registration
has been reinstated and the partnership receives its FEIN number from the IRS.
• Item 3—Effective Date of Termination of Registration: Provide the effective date of the automatic
termination of the partnership’s LLP registration.
• Item 4—Conditions for Reinstatement: The application for reinstatement must include a statement
that the circumstances giving rise to the termination will be corrected. To correct the circumstances
Form 816
Instruction Page 1 – Do not submit with filing.
Form 816
Instruction Page 2 – Do not submit with filing.
giving rise to the termination, the partnership must submit each delinquent annual report and pay the
filing fee for each year that an annual report was not filed, including the annual report and filing fee
due for the current report year. If the reinstatement is not accompanied by each annual report due,
together with all applicable fees, the reinstatement must be rejected. To verify the number of annual
reports due, contact the Reports Unit at (512) 475-2705 or e-mail ReportsUnit@sos.texas.gov.
• Additional Documentation and Filings:
Tax Clearance from Comptroller of Public Accounts: The application for reinstatement must be
accompanied by a tax clearance letter from the Texas Comptroller of Public Accounts stating that the
partnership has satisfied all franchise tax liabilities and may have its registration reinstated. Contact
the Comptroller for assistance in complying with franchise tax filing requirements and obtaining the
necessary tax clearance letter (Comptroller form 05-377) by calling (800) 252-1381 or (512) 463-4600
or by e-mail at: tax.help@cpa.texas.gov
Annual Report: An annual report (Form 713) for each delinquent report year, as well as the current
report year, must be included with the application for reinstatement of LLP status. Form 713 is found
at: www.sos.state.tx.us/corp/forms_reports.shtml
• Execution: For a general partnership, the application for reinstatement must be signed by a majority-
in-interest of the partners, or by one or more partners authorized by a majority-in-interest of the
partners. For a limited partnership, any general partner may sign the application.
The application for reinstatement need not be notarized. However, before signing, please read the
statements on this form carefully. A person commits an offense under section 4.008 of the BOC if the
person signs or directs the filing of a filing instrument the person knows is materially false with the
intent that the instrument be delivered to the secretary of state for filing. The offense is a Class A
misdemeanor unless the person’s intent is to harm or defraud another, in which case the offense is a
state jail felony.
• Filing Fees: The filing fee for the application for reinstatement of LLP status is $75. The filing fee
for an annual report due for the current year is $200 for each general partner on the date of filing the
annual report. In the case of any past due annual report, the fee is $200 multiplied by the number of
partners in the partnership as of May 31 of the year the report was due.
• Payment Instructions: Fees may be paid by personal checks, money orders, LegalEase debit cards,
or American Express, Discover, MasterCard, and Visa credit cards. Checks or money orders must be
payable through a U.S. bank or financial institution and made payable to the secretary of state. Fees
paid by credit card are subject to a statutorily authorized convenience fee of 2.7 percent of the total
fees.
• Delivery Instructions: Submit the completed application for reinstatement form in duplicate, together
with the necessary annual reports and applicable filing fees. The forms and fees may be mailed to the
Secretary of State, Reports Unit, P.O. Box 12028, Austin, Texas 78711-2028; faxed to (512) 463-
1423; or delivered to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. If a
document is transmitted by mail or by fax, include a transmittal cover sheet with contact and payment
information (Form 807). On filing the document, the secretary of state will return the appropriate
evidence of filing to the submitter together with a file-stamped copy of the document, if a duplicate
copy was provided as instructed. If you require further assistance, call the Reports Unit at (512) 475-
2705 or e-mail your question to ReportsUnit@sos.texas.gov
Revised 06/17
Form 816
1
Form 816
(Revised 06/17)
Application for Reinstatement
of
Limited Liability Partnership Status
Form 816
(Revised 06/17)
Submit in duplicate to:
Secretary of State
Reports Unit
P.O. Box 12028
Austin, TX 78711-2028
512 475-2705
FAX: 512 463-1423
Filing Fee: $75
File Number:
1. The name of the partnership is:
Provide the name of the partnership as shown in its registration record or its last annual report. A change to the partnership name requires
an amendment to the registration. See instructions.
2. The federal employer identification number of the partnership is:
The partnership has not obtained a federal employer identification number at this time.
3. The effective date of termination of the partnership’s registration is:
mm/dd/yyyy
4. The partnership certifies that the circumstances giving rise to the termination of the partnership’s
registration as a limited liability partnership have been corrected by submission of each annual report
due and by paying the filing fee for each year that an annual report was not filed, including the annual
report and filing fee due for the current year. The partnership further certifies that it has satisfied its
franchise tax obligations under the Tax Code and all conditions for reinstatement have been met.
Additional Documentation and Filings
Comptroller of Public Accounts Tax Clearance Letter (Required)
Annual Reports (Include each annual report (Form 713) and applicable fee due at time of reinstatement.)
Execution
The undersigned signs this document subject to the penalties imposed by law for the submission of a
materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is
authorized under the provisions of law governing the entity to execute the filing instrument.
Date:
For a general partnership, signature of a majority-in-interest of
the partners or signature of one or more of the partners authorized
by a majority-in-interest. For a limited partnership, signature of
one general partner.
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Form 816General Information: (Application for Reinstatement of Limited (Texas Secretary of State)

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Completed 6 November 2020

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