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I accidentally dissolved my LLC Saturday night. I was at the…

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I accidentally dissolved my...

I accidentally dissolved my LLC Saturday night. I was at the Secretary of State's website and thought I was filing an annual report. Went to reverse it today and am told I must have a court order from a judge to revoke the dissolution. Can't find out how to get to a judge to do this. I asked the judge's office - they said they can't give legal advice. I called a legal aide firm and they could not help. How do I petition the court to ask them revoke my LLC dissolution? I live in Louisiana

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

Louisiana Nettye Johnson Faith and Fitness Services LLC

Lawyer's Assistant: Has anything been filed or reported?

I filed the dissolution affidavit online. Thought it was another form.

Submitted: 1 month ago.Category: Legal
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Customer reply replied 1 month ago
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3/12/2018
Lawyer: Attorney Wendy, Lawyer replied 1 month ago
Attorney Wendy
Category: Legal
Satisfied Customers: 484
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I am currently working on a response to your question and will have that shortly.

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Lawyer: Attorney Wendy, Lawyer replied 1 month ago

I checked the online records of the Louisiana Secretary of State and I see where you accidentally submitted the Affidavit to Dissolve on March 10. That must be incredibly frustrating. Unfortunately, the individual you spoke with is correct. When a Louisiana LLC is dissolved via affidavit, the Secretary of State can only reinstate it upon receipt of a court order to do so. (Statute Section 1335.1) That will require you to file a petition to reinstate with the district court in your judicial district. Given the circumstances of this matter, you would simply petition for reinstatement on the grounds that dissolution was never intended and that you inadvertently submitted the affidavit online and immediately upon realizing your error you contacted the Secretary of State's office and were told a court order was required and that such an order is now being requested. You may also want or need to include that the business has been and was in good standing with the state at the time of the error and that none of these actions has been or is being taken to avoid any debts or liabilities. The other option for you is to simply file for a new LLC under the same name (if the state's records fully reflect the inactive status of your company) or a slightly different name. If you opt to go this route it will be faster but you must then do a final accounting (for your own records) of the old LLC and disburse any profits and then essentially start over. Depending on whether this is just a single member LLC in a business that doesn't have a lot of inventory or outstanding accounts this may be the easier option. Let me know if you have other questions.

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Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
The related Louisiana statutes below. I just need to know how do I get a court order for this. What do I need to submit to the court so a judge can look at my case and issue the order?TITLE 12 - Corporations and Associations
RS 12:1335.1 - Dissolution by affidavitUniversal Citation: LA Rev Stat § 12:1335.1
§1335.1. Dissolution by affidavitA. In addition to all other methods of dissolution, if a limited liability company is no longer doing business and owes no debts, it may be dissolved by filing an affidavit with the secretary of state executed by the members or by the organizer, if no membership interests have been issued, attesting to such facts and requesting that the limited liability company be dissolved. Thereafter, the members, or the organizer if no membership interests have been issued, shall be personally liable for any debts or other claims against the limited liability company in proportion to their ownership interest in the company.B. The secretary of state shall reinstate a limited liability company that has been dissolved pursuant to this Section only upon receipt of an order issued by a court of competent jurisdiction directing him to do so.Acts 1997, No. 717, §1, eff. July 8, 1997; Acts 1998, 1st Ex. Sess., No. 102, §1, eff. May 5, 1998.
Lawyer: Attorney Wendy, Lawyer replied 1 month ago

Yes, that is the statute I referenced above. I'm not sure if our messages crossed. The method for getting the court order is the filing of a petition in your local district court with the information summarized in my earlier message. This may take some time and may require you to appear at a court hearing. The other option I outlined above is filing new Articles of Organization to form a new entity that would carry on the same business going forward as the one that was accidentally dissolved.

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Lawyer: Attorney Wendy, Lawyer replied 1 month ago

Happy Friday. I just wanted to check in to see if there was anything more I can do to help answer you questions.

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