Legal Question in Business Law in California

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

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

2 Answers from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

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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Answered on 10/22/13, 11:37 am

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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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Answered on 10/22/13, 3:08 pm

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