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When was the court order and when was the application for reinstatement made?
To answer your questions 1) generally speaking, the fact that the a court ordered the revival of the LLC does not in it of itself revive the LLC. The actual revival happens upon the reinstatement of the LLC by the CA Secretary of State. 2) Until such time, the LLC will be unable to transact any business, reply to a lawsuit filed against it, initiate litigation or protect and preserve the LLC's name. In addition, any contract executed by the suspended LLC is voidable at the demand of the other party. Finally, any person who attempts to use any of the LLC's powers or privileges while the LLC is suspended is subject to fines and/or imprisonment.
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What case law or rule or or other law suport you answer
When was the court order and when was the application for reinstatement made? court order June 3, 2009
court order March 15, 2010
When was the court order? May 15, 2010, when was the applacation for reinstatement made May 2010.
the right answer is may 2010
Arbistrator ruling may 28,XXXXXconfirmed arbistrator ruling on June 3, 2009,
Have you filed a statement of information with the secretary of state?
According to the secretary of state that's what you need to do to revive the company. See here the procedures to revive a company. You should attach the court order to the statement of information that you will file.
just having a court order is not enough it is your responsibility to bring the order to the attention of the secretary of state. Otherwise they would not know that such an order was granted.
ok what about some case law or other suport you first answer, to quistion 1 and 2
we are the members who canceled it we do not want it reinstated.
one of the other member wants to reinstated it.
May 2009 he had a arbitrator order it be reinstated her it is March 2013 it is still not reinstated, and he is having deed recorded in the canceled LLC name.
I mean Feb 2009
A suspended entity in effect does not exist. In fact, during the time of suspension a new company can form with the same name as the suspended entity! (you can find reference to that in the previous link I provided) In the event a suspended entity (i.e. a non existing entity) operates in CA, since it is not considered domestic it is therefore regarded as foreign. Sections 17456 and 17457 of the LLC laws address the consequences for foreign companies that are transacting business in CA without registration (see here)
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the LLC is canceled in california not suspended and has not been reinstated since 2008
but they were having deed conveyed into the cancedded LLC name in 2011 and they used the cancelled LLC to sale the property it appears not of these deed were legal. Do you want me to use this as a new question and rate your other answers.
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