Legal Question in Business Law in Illinois

I am an independent contractor and work for a company that is dissolving. Am I still bound to the contract I signed with them in regards to no compete and no solicitation?


Asked on 6/18/20, 6:04 am

1 Answer from Attorneys

David K. Staub Staub Anderson LLC

That isn't an easy question. While a dissolved corporation cannot continue to conduct business after dissolution, Section 12.30 of the Illinois Business Corporation Act expressly states that "Dissolution of a corporation does not [p]revent suit by or against the corporation in its corporate name." So the corporation could sue to enforce the contract. A bigger question is whether it could win such a lawsuit. In order to enforce restrictive covenants in Illinois, a party must have a protectable interest. Depending on the circumstances of the dissolution and what happens to the business assets, there may be no protectable interest and therefore the contract may be unenforceable.

Read more
Answered on 6/18/20, 12:46 pm


Related Questions & Answers

More Business Law questions and answers in Illinois