I would like to know if the STATUTE OF LIMITATION has time barred a request to the court to order the reinstatement of a LLC
, that was canceled on JANUARY 24, 2008 (canceled over five years ago) by all its members/managers named on all the state required Statement of Information documents since it was originally formed.
Note; The person’s behind the canceled LLC Petitioner, are person’s attempting to use the name of the cancelled LLC to still a valuable parcel of real estate. the canceled LLC, is the Petitioner alleging that the “Certificate of Cancelation” contains factual representations which are materially false, and the submission of that document to the Secretary of State for filing was and is fraudulent.
Government Code Section 12261 provides in pertinent part as follows:
“The Secretary of State shall reinstate to active status on its records a business
entity for which the court finds any of the following
(a) The factual representations, document that are required for the termination document are materially false.
(b) The submission of the termination document to the Secretary of State for filing is fraudulent…”
Again I would like to know if the statute of limitation has time barred the court from ordering the reinstatement of the cancelled LLC, that is not in good standing with the Franchise
Tax Board and is alleging it was fraudgently canceled, which it wasn’t.