File Form SI-100: Keep Your California Business Compliant

The Statement of Information (SI) is a document that provides important information about a corporation, limited liability company (LLC), credit union, or California nonprofit. This statement of information form includes the names and addresses of the officers, directors, and registered agent. California law requires that this form be filed annually for corporations and every two years for LLCs.

Consequences of not filing Form SI-100 on time

Failure to file the Statement of Information can result in late fees, penalties, and the loss of the company’s good standing with the state.

• Late fees and penalties: If you don’t submit Form SI-100 by the due date, you may be subject to late fees and penalties. For example, as of 2023, the annual registration fee for corporations and LLCs in California is $800, and there is a $250 penalty for late filing beyond the given filing period.
• Loss of good standing: If you don’t submit Form SI-100 statement of information on time within the given filing period, your business may lose its good standing with the state of California. This could impact your ability to obtain loans, contracts, or licenses in the future, as well as your ability to conduct business in the state.
• Administrative dissolution: If you don’t submit Form SI-100 statement of information for an extended period of time, the state may administratively dissolve your organization. This means that your business would cease to exist as a legal entity, and you could be personally liable for any debts or obligations of the organization.
• Inability to sue or defend lawsuits: If your business loses its good standing or is administratively dissolved due to failure to file Form SI-100 statement of information, you may not be able to sue or defend lawsuits in California courts.

It is important to note that even if there have been no changes to the company’s information since the previous filing, this one-page informational form must still be filed on time.

Moreover, repeatedly neglecting to file the California form may lead to the suspension by the Secretary of State and cancellation of the organization’s tax-exempt status by the California Franchise Tax Board.

When to file SI-100 Statement of Information form

The filing deadline for California’s Form SI-100, also known as the Statement of Information, depends on the type of business entity you have. Typically, general cooperative corporations, consumer cooperative corporations, a California nonprofit, and credit unions should file this form.

For corporations, the Statement of Information must be filed every year, and the due date is based on the end of the corporation’s fiscal year and applicable filing period. Specifically, the Statement of Information is due within 90 days of the end of the corporation’s fiscal year. For example, if the corporation’s fiscal year ends on December 31st, the Statement of Information is due by March 31st of the following year.

For limited liability companies (LLCs), the Statement of Information must be filed every two years. The due date for the LLC Statement of Information is the last day of the month in which the LLC was formed. For example, if the LLC was formed on May 15th, the Statement of Information is due every two years by May 31st.

Fees to file Form SI-100

The filing fee for California’s Form SI-100, also known as the Statement of Information, depends on the type of business entity you have.

For corporations, the filing fee for the Statement of Information is $25. This fee is payable to the California Secretary of State at the time of filing. 

For limited liability companies (LLCs), the filing fee for the Statement of Information is $20. This fee is also payable to the California Secretary of State at the time of filing.

It’s important to note that failure to file the Statement of Information on time can result in late filing fees and penalties. It’s also important to keep in mind that the filing fee is separate from any taxes or other fees that your business may owe.

How to request a penalty waiver for late filing of Form SI-100

If you have already been assessed a penalty for failing to file the Statement of Information on time, you may be able to request a penalty waiver from the California Secretary of State. Here are the steps you can take to request a penalty waiver:

1. File the delinquent Statement of Information: Before you can request a penalty waiver, you must first file the delinquent Statement of Information. This will show that you are taking steps to come into compliance with California law.
2. Draft a penalty waiver request letter: Draft a letter to the Secretary of State’s office requesting a penalty waiver. In your letter, explain why you were unable to file the Statement of Information on time and why you believe a penalty waiver is appropriate. Be sure to include any relevant documentation to support your request.
3. Submit the penalty waiver request letter: Once you have drafted your penalty waiver request letter and gathered any necessary documentation, submit the letter to the California Secretary of State. You can either mail the letter to the Secretary of State’s office or submit it online through the California Business Search website.
4. Wait for a response: The Secretary of State’s office will review your penalty waiver request and make a determination. If your request is approved, the penalty will be waived. If your request is denied, you may need to pay the penalty and any associated late fees.

It’s important to note that penalty waiver requests are not guaranteed to be approved. To increase your chances of success, it’s a good idea to provide a detailed explanation of why you were unable to file the Statement of Information on time and to provide any relevant documentation to support your request. If you have any questions or concerns about requesting a penalty waiver, it’s a good idea to consult with your chief financial officer, or legal or tax professional.

We are Here to Help.

We recommend that you mark the due date for the SI-100 filing and assign a person at your organization to file each period. If your organization has any questions about filing form SI-100 or if your organization has been assessed a penalty, suspended, or had the organization’s tax-exempt status revoked, don’t hesitate to call our office.