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Loren, Attorney
Category: Business Law
Satisfied Customers: 34438
Experience:  30 years experience representing clients .
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An owner of a business cancelled her California LLC because

Customer Question

An owner of a business cancelled her California LLC because they no longer wanted to pay the LLC fees in California. The LLC is now a plaintiff in a lawsuit and needs to reactivate the LLC. Can the LLC be reactivated?
Submitted: 4 years ago.
Category: Business Law
Expert:  Loren replied 4 years ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

Unfortunately, if the LLC was voluntarily dissolved, its assets, including any claims it may have, are distributed to the members. Therefore, a voluntarily dissolved LLC may not be reinstated, but the claim may be brought by the member(s) as successors to the LLC.

Thank you.

Customer: replied 4 years ago.

Even if they file Articles of Organization with the Secretary of State with the same name?

Expert:  Loren replied 4 years ago.
Thank you, Nicholas, for following up with me.

The only way to reactivate a dissolved LLC would be to form a new LLC using the same name as the old. This LLC would be a new entity, however, and would not inherit the benefits, positions or obligations of the old LLC.

Thank you.