Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

What is a "defacto" LLC

Customer Question
What is a "defacto" LLC
Submitted: 2 years ago.Category: Legal
Ask Your Own Legal Question
Answered in 4 minutes by:
6/30/2015
Lawyer: Lucy, Esq., Attorney replied 2 years ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
A "defacto LLC" exists when a person believes that a limited liability company has been formed, and went through all of the steps to form the LLC, but there was some mistake in the formation that makes it defective. The individual has to have made a good faith effort to create the corporation and comply with all requirements. Also, the people who believed themselves to be officers or agents of the corporation must have performed some act on the company's behalf.
Essentially, the courts won't nullify a corporation's actions based on an unknown mistake if everyone acted in good faith. When a court finds that a corporation or LLC qualifies for de facto status, it's treated as if the mistake in incorporation did not happen.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I need help with de facto eployee classification. florida,
I need help with de facto eployee classification. JA: What state are you in? It matters because laws vary by location. Customer: florida JA: What steps have you taken so far? Customer: job claim, eeoc… read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
317 satisfied customers
Is a non disclosure agreement legal in CA? The one I was
Is a non disclosure agreement legal in CA? The one I was forced to sign to get my final paycheck (with no severance) stated I could not report anything bad about the company (facts) and I found out th… read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
What do I do when after coming home my exboyfriend, who has
What do I do when after coming home my exboyfriend, who has not paid rent for March April or May 2018 , has broken into my room, that has a pad lock … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
We are grandparents living in Eastern shore of Maryland and
Hello.. We are grandparents living in Eastern shore of Maryland and have been raising our now 3 year old granddaughter since she has been born, our 25 year old daughter and the baby's father have been… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,848 satisfied customers
I have a civil case against me file in South Korea. From the
I have a civil case against me file in South Korea. From the civil case, one criminal investigation has be started. I need a lawyer that understand how judgements made in Korea can be enforced in USA … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Is it illegal for a 16 year old and a 21 going to be 22 to
Is it illegal for a 16 year old and a 21 going to be 22 to be having sex? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,489 satisfied customers
My divorce was finalized in October 2009. My former divorce
My divorce was finalized in October 2009. My former divorce lawyer married my ex husband in 2010. She immediately started to destroy my judgement. ( yes she's at the state bar( I need a California law… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
In july of 2017 i became ill and was hospitalized in a
hello in july of 2017 i became ill and was hospitalized in a mental health institution … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
I have recently broken up with my partner having been in a
Dear Pearl, I have recently broken up with my partner having been in a de facto relationship for over 2 years. I have put a substantial amount of money into his mortgage account and from our joint acc… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,606 satisfied customers
I live in Oregon. Two and a half years ago I started an
I live in Oregon. Two and a half years ago I started an adult foster care and formed an LLC (Reavington) to protect myself. I was using a DBA (P.S. We Love Seniors, North) to do business under, but wa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a subcontractor. the contractor has asked me to provide
I am a subcontractor. the contractor has asked me to provide them with very detailed information on how I spend the funds they pay me. They want the quantity of employees on the account and the hours/… read more
Lane
Lane
JD, MBA, CFP, CRPS
Doctoral Degree
27,794 satisfied customers
My daughter is the legal custodian of my grandson she had by
My daughter is the legal custodian of my grandson she had by a man she never married... She recently married another man and I was wondering what the Texas law was about her moving out of state with h… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
I am trying to see if I have a case to file for primary
I am trying to see if I have a case to file for primary custody of my 12 year old daughter … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
As a commercial appliance factory representative, is a UL
As a commercial appliance factory representative, is a UL certification mandatory for the import to the US?And what is the ball park cost of a certification?Thank you… read more
KLAW
KLAW
Juris Doctorate
2,193 satisfied customers
I have a daughter that is 9 years old and the father that is
Hi I have a daughter that is 9 years old and the father that is in her life is not her father due to paternity test which our verbal agreement is to keep it a secret from my daughter which him nor his… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
What type of lawyer should I contact about bank collusion, I
What type of lawyer should I contact about bank collusion, I have lenders in my area that are conspiring against my company … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,848 satisfied customers
I just typed a question into the box. Do I need to
Hi. I just typed a long question into the box. Do I need to repeat,Pearl? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
I was setting up a corporation, but some paperwork was not
I was setting up a corporation, but some paperwork was not signed and the company therefore not properly incorporated. During that time, I did something very negligent and caused damage, while acting … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x