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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 9891
Experience:  30 years of corporate, litigation and international law
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If a business failed to register as a foreign corporation to

Customer Question

If a business failed to register as a foreign corporation to conduct business in Hawaii ( per Hawaii statutes). Which also states they cannot file action in the Hawaii courts not having standing. Do they have the right as an appellee in the case which
they unlawfully filed?
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.
Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. A foreign corporation is only barred from bringing suit in Hawaii if its activities in Hawaii require it to qualify as a foreign corporation. If its activities do not require it to qualify as a foreign corporation in the state, it does not have to qualify in order to file suit. The critical issue is whether its activities require it to qualify. Only then is it disqualified from filing suit until it has qualified. If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.
Customer: replied 1 year ago.
Then if the company was one that had to qualify to file suit then ...Are they entitled to even be an appellee if the case has been accepted for Appeal? Or should the disqualification make the appeal irrelevant?
Expert:  Richard - Bizlaw replied 1 year ago.
How did the case proceed through trial if they were required to qualify and did not?
Customer: replied 1 year ago.
No trial. Clerk's default then they filed a SMJ.
Expert:  Richard - Bizlaw replied 1 year ago.
If I understand your post, the clerk entered a default judgment against you and you are appealing that judgment. If the judgment is in favor of the foreign corporation, you would be moving to reopen the default judgment on the basis that the foreign corporation was not qualified as it should be and therefore cannot bring an action against you. If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.