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Maverick
Maverick, Attorney
Category: Business Law
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Experience:  20 years of professional experience
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I formed two Delaware corporations in 2014 with two

Customer Question

Hello:
I formed two Delaware corporations in 2014 with two different groups of individuals who were officers. The corporations disbanded within two months of formation.
We have not filed Franchise Tax reports and I understand that Delaware will void the corporations.
Will Delaware come after us legally after the corporations are voided?
This is very difficult for me because none of the individuals are talking to each other.
To me, this void status sounds like the way to go.
Your thoughts?
Tom Willer (###) ###-####***@******.***
Submitted: 12 months ago.
Category: Business Law
Expert:  Maverick replied 12 months ago.

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Expert:  Maverick replied 12 months ago.

If you previously complied with all corporate formalities and simply decided to walk away from the business, leaving the corporation's franchise taxes unpaid, there should be no personal liability arising from those obligations. This happens all the time. However, if you continue the corporation's business in this state of affairs, then you are inviting what is known as "successor liability" for the corporation's obligations.

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