Legal Question in Business Law in Delaware

I have an LLC that was registered in the state of Delaware five years ago that did not do any business and had no sales whatsoever, only a $5000 loss. We are currently starting to try to make sales for the first time after five years, and discovered that the registered agent did not register the LLC with the state of Delaware correctly, because the business LLC name was mis-spelled. Also, none of the annual fees were paid to the state of Delaware while the business was inactive. The EIN number and Operating Agreement have the correct business name on the documents, but on Delaware's state business lookup website, it is clear that the business name was not correctly spelled on LLC application forms five years ago. At this time, due to financial hardship, I cannot afford to pay the back payments for fees that are over $1400 - especially not for an LLC with a mis-spelled business name. What options do I have at this point, so that I can legally do business and try to make body and wellness product sales under a correct LLC name?


Asked on 7/31/20, 8:26 am

1 Answer from Attorneys

Bruce McCullough Bodell Bove', LLC

It sounds like the correct business name was not registered so that name may be available for registration as a new company. The EIN issue may be trickier because, even if the correct name is issued now, the EIN was issued several years ago. I don't know whether the IRS would give you an answer as to whether you can use it but I can't see you getting in trouble with them.

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Answered on 7/31/20, 4:11 pm


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