California  |  Business Law

Legal Question

Asked on: 10/22/13, 10:49 am

is it lawful to have an llc cancelled but yet have another llc with identical name as cancelled llc one that's listed with the franchise tax board as an llc taxed as a corp

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Answered on: 10/22/13, 11:37 am by Keith E. Cooper

Generally, a cancelled LLC ceases to exist in the eyes of the state and its name is up for grabs. The danger of reusing the name, of course, is that creditors of the old entity might confuse it with the new entity.


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Keith E. Cooper, Esq. 8721 Santa Monica Blvd, Suite 706 West Hollywood, CA 90069

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Answered on: 10/22/13, 3:08 pm by Bryan Whipple

I agree with Mr. Cooper, and would add that an LLC of the same name can be created in another state, or in the same state while the earlier LLC is merely suspended, rather than canceled.


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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318

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