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Attorney2
Attorney2, Attorney
Category: Business Law
Satisfied Customers: 5677
Experience:  28 Years In General Practice,
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There is an NYS LLC whose in it's original formation was set

Customer Question

There is an NYS LLC whose in it's original formation was set to expire at the end of 2014. So it did automatically................ It is currently listed as "inactive" with the DOS................ Based on business that it had participated in, prior to
it's expiration, it is now being sued (2015).............................. The plaintiff has personally served the SOS with a summons and complaint......................... No one else has been served on behalf of the LLC. No mailing has been done to the LCC
by the PLAINTIFF.......................... Let's pretend that the defendant even has the right to answer. (Which it may or may not, i don't know.) But let's ASSUME anyway. .............................I am trying to determine as to what date the plaintiff
LLC must answer by. 30 days after the date that the SOS was served by? ......OR......30 days after the affidavit of service for the service upon the SOS was filed at the county clerk's office? ....OR some other date? ..........................Hint: I think
that NYS LLC law Article 3 sections 30,303 qnd/or 304 play a part in this. .........................Please tell me the legal reason behind the conclusion that you arrived at. .......................Thank you :)
Submitted: 1 year ago.
Category: Business Law
Customer: replied 1 year ago.
Relative to the service or process.....I think that NYS LLC law Article 3 sections 301,303 and/or 304 play a part in this. .....................( Also, I don't know if a LLC can be sued after it expired and is listed as inactive. )
Customer: replied 1 year ago.
Please read the background info provided ..........This is the ONLY question that I have left (ignore previous questions)..............I don't know if a LLC can be sued after it expired and is listed as inactive? Can does some one have jurisdiction to do so? ..............Please tell me the legal reason behind the conclusion that you arrived at. .......................Thank you :)
Expert:  Attorney2 replied 1 year ago.
An LLC can be sued while it is winding or being dissolved. After the wind down period or dissolution is final it if possible to sue a member for wrongdoing even after the LLC ceases to exist if there was fraud involved.
Was the last tax return filed for the LLC? http://www.nolo.com/legal-encyclopedia/free-books/small-business-book/chapter12-11.html
Expert:  Attorney2 replied 1 year ago.
Sorry this portion did not post
This is the link on dissolution http://corporations.uslegal.com/corporate-dissolution/new-york-corporate-dissolution-law/
If there was no wrongdoing it would be difficult to go after an individual member personally http://corporations.uslegal.com/corporate-dissolution/new-york-corporate-dissolution-law/
http://smallbusiness.chron.com/happens-llc-sued-after-its-dissolved-22782.html
Customer: replied 1 year ago.
The information that you located is not quite relevant (albeit close), because it refers to make an effort that could be made to dissolve the LLC and making an added effort to end it's existence. In my case, the LLC had a predetermined end date when it was formed. It was ended automatically before the lawsuit was commenced. Thank you though :)
Expert:  Attorney2 replied 1 year ago.
The fact that the LLC has an expiration date does not change the ability to sue depending on the situation.
If the LLC entered into an agreement after it expired that is wrongdoing on the part of the LLC. If the LLC entered into a contract prior to the expiration date it is liable for fulfilling the terms.
Having an idea of the facts may help to find a way to argue your case.

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