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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
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Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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If a Arbitrator orders that a california LLC be reinstated

Resolved Question:

If a Arbitrator orders that a california LLC be reinstated and a civil court orders that the arbitrators order be granted, Question: 1. can the LLC do business as a legal LLC in california before the state reinstates it. 2. and if the state does not reinstate the LLC can the LLC operate as if it was a legal california LLC
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

TheLegalistEsq :

Hello, I will be assisting you.

TheLegalistEsq :

When was the court order and when was the application for reinstatement made?

TheLegalistEsq :

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.

TheLegalistEsq :

Please rate my answer. Thank you for using Just Answer.

Customer:

What case law or rule or or other law suport you answer

Customer:

When was the court order and when was the application for reinstatement made? court order June 3, 2009


Customer:

court order March 15, 2010

Customer:

When was the court order? May 15, 2010, when was the applacation for reinstatement made May 2010.

Customer:

the right answer is may 2010

Customer:

Arbistrator ruling may 28,XXXXXconfirmed arbistrator ruling on June 3, 2009,

TheLegalistEsq :

Have you filed a statement of information with the secretary of state?

Customer:

no

TheLegalistEsq :

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.

TheLegalistEsq :

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.

Customer:

ok what about some case law or other suport you first answer, to quistion 1 and 2

Customer:

we are the members who canceled it we do not want it reinstated.

Customer:

one of the other member wants to reinstated it.

Customer:

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.

Customer:

I mean Feb 2009

TheLegalistEsq :

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)

TheLegalistEsq :

Thank you for allowing me to assist you

TheLegalistEsq :

Please rate my service. Thank you for using Just Answer

Customer:

the LLC is canceled in california not suspended and has not been reinstated since 2008

Customer:

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.

BizIPEsq., Attorney
Category: Business Law
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Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response, I see you have been waiting for some time for the expert to reply to your follow up question. Do you require further assistance?

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