Legal Question in Civil Litigation in California

legal standing

can you sue on behalf of a corporation that no longer exists?

If a corp. is closed/inactive, can some file a lawsuit on behalf of defunked corporation?


Asked on 12/09/08, 12:23 am

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: legal standing

No. If it was legally closed the lawsuit transferred to a receiver, that person or entity can sue, but not in the name of the corporation

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Answered on 12/09/08, 12:38 am

Re: legal standing

Unfortunately, your question leaves a lot of gaps in information that make it impossible to determine. Given more information you may get a different answer.

First, the question arises as to what you mean by defunct. Do you mean that the corporation has simply ceased doing business? Or, do you mean that the company has officially liquidated or dissolved?

I will assume for the moment that it simply ceased to do business. In such a case the question arises as to what is your relationship with the corporation. Are you a shareholder, officer, director?

If you have an ownership interest in the company you can probably set a shareholder meeting to follow up on enforcing the corporation's rights.

Alternatively, if you were assigned rights by the corporation you might be able to enforce them.

In short, you need to have a consultation with an attorney with whatever documentation you have to discuss options and give further information.

Let me know if you would like to discuss this.

Caleb

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Answered on 12/09/08, 1:50 pm


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