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Question: I live in NJ and back in 2007 formed an LLC, I was trying to develope a construction business. Of course shortly after that the recession hit, needless to say I never conducted any business under the LLC. I neglected to file the necessary annual reports because I simply didn't consider it since there was no business and have recently filed to dissolve the LLC. The state tells me that since I didn't file the annual reports they suspended the LLC. I do owe the state some $175.00 because I didn't file the necessary reports. I understand that but they also tell me I have to pay $250.00 to reactivate the LLC just so I would be allowed to pay them the $175.00 so that I would be allowed to dissolve the LLC. Is there any way to just pay them $175.00 and dissolve the LLC so that I could be done with it?
Response: Unfortunately, there is no way around it. You have to pay to reactivate it. Then pay to dissolve the LLC. It is a legal technicality. You cannot dissolve an LLC that is inactive.
Sorry to take so long to get back to you. Nothing against you, but I'm curious how sure you are. I see that you are practicing in Mass. I'm just so fed up with N.J. Every time you turn around they're trying to stick it to you. It just seems wrong that I have to give them money so that I can give them money. Not that you're wrong but I was hoping for a different answer. What will happen if I just don't do anything. I have a sister-in-law that is an attorney also and she mentioned possibly not doing anything. I don't want to do anything wrong but I get tired of the N.J. shaft.
Response 1: I do hear your frustrations. However, eventhough that I do not practice in New Jersey, I am sure about my answer because most states Secretary of the State's Offices operate the same way.
What will happen if I just don't do anything. I have a sister-in-law that is an attorney also and she mentioned possibly not doing anything. I don't want to do anything wrong but I get tired of the N.J. shaft.
Response 2: Nothing that would happen to you except the business would show inactive but still in existence. So, anyone who wants to sue the business can still file a lawsuit against the business and its members.
You are quite Welcome!
Best wishes in the New Year.
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