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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 50767
Experience:  Texas Attorney for 30 years dealing in real estate
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We are doing a quit claim for a property in New York State.

Customer Question

We are doing a quit claim for a property in New York State. The LLC transferring the property is a Delaware LLC and I want to confirm wording of the Joint Action to be sure it meets Delaware requriements.
JA: Can you tell me what state the LLC is registered in?
Customer: Delaware
JA: Has anything been officially filed? If so, what?
Customer: Not yet, we are planning to file in NY this week. I have a copy of the Joint Action drafted...but it was drafted by a NY attorney, as we forgot the LLC is now in Delaware.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No..I think that's it.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Ray replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 7 months ago.

First thing would be to make sure LLC is registered in NY as foreign corporation.You do that her if you have not already done that.

https://www.dos.ny.gov/corps/for_llcfile.html

I would file the foreign registration documents with the deed for clear chain of title once you have registered it with Secretary of State.If you do this then you are legal to have joint action here because you are registered in NY as foreign corporation from Delaware and can lawfully transact business.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

Customer: replied 7 months ago.
Thank you, ***** ***** does not answer my question. I need someone to review my joint action letter and let me know if it meets Delaware requirements.
Customer: replied 7 months ago.
There is a reference on the letter I sent to NY law, this needs to be changed to Delaware reference.
Expert:  Ray replied 7 months ago.

I read this it does meet requirements again assuming you registered as foreign corp here in NY in order to legally transact business.

Customer: replied 7 months ago.
Thank you. Yes, the company is registered to business in New York, so that won't be an issue. I should just delete the reference to NY law then?
Expert:  Ray replied 7 months ago.

No leave it in it clarifies the transaction

Customer: replied 7 months ago.
OK..thanks!
Customer: replied 7 months ago.
One last question - are you licensed to practice law in Delaware?
Expert:  Ray replied 7 months ago.

I am retired from practice, only answer questions here on JA. I was in practice for 34 years,