"Inactive" Companies: Can they litigate?

[Lindsayc]

What is the name of your state? Georgia

Can a company who, according to a company search has been been voluntary withdrawn and hence rendered "inactive" be the claimant in litigation. I am a london solictor representing a company in Georgia, but instructed by their insurers and want to know whether we still exist with capacity to take the Respondents to Arbitration. Thank you.

 

[seniorjudge]

What is the name of your state? Georgia

Can a company who, according to a company search has been been voluntary withdrawn and hence rendered "inactive" be the claimant in litigation. I am a london solictor representing a company in Georgia, but instructed by their insurers and want to know whether we still exist with capacity to take the Respondents to Arbitration. Thank you.

Solicitor, there are certain "winding up" of affairs statutes in each state.

Some are very short; some are open-ended.

First thing we need to know: what kind of company was it? (Corporation, LLC, partnership, etc.)

Second: what state was the company formed in?

Third: where did it die?

Fourth: what state does the dead company want to file a claim in?

 

[Lindsayc]

Inactive Companies reply

Thank you very much for the response.

The Company in question is a Corporation, and is the Georgia based branch of a Foreign company. This Corporation was formed in Georgia and subsequently withdrawn from Georgia. The matter is in regard to damaged cargo and is subject to arbitration in London. According to the company search the status of the company is "Inactive - Withdrawn (foreign)" and the company employed to undertake the search cannot clarrify whether this still leaves the corporation with legal personality in order to institute an action in its name. In English Law if a company is Dormant, it informs the Companies House that it is no longer trading, but it still has legal personanality and can therefore still be party to legal proceedings. Is a company who is Inactive/ withdrawn in Georgia similar to a dormant company in the UK?

 

[seniorjudge]

Thank you very much for the response.

The Company in question is a Corporation, and is the Georgia based branch of a Foreign company. This Corporation was formed in Georgia and subsequently withdrawn from Georgia. The matter is in regard to damaged cargo and is subject to arbitration in London. According to the company search the status of the company is "Inactive - Withdrawn (foreign)" and the company employed to undertake the search cannot clarrify whether this still leaves the corporation with legal personality in order to institute an action in its name. In English Law if a company is Dormant, it informs the Companies House that it is no longer trading, but it still has legal personanality and can therefore still be party to legal proceedings. Is a company who is Inactive/ withdrawn in Georgia similar to a dormant company in the UK?

http://www.gabar.org/

I would get ahold of the state bar of Georgia and ask for a referral to an attorney who can help you out with that question.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=2nd&navby=case&no=989539

This case doesn't solve your problem; it's just FYI to show what I am talking about...a GA corporation "winding down" its affairs.

 

[Lindsayc]

Thank you once again!

 

[seniorjudge]

Thank you once again!

You are welcome. And remember to never park your bike unlocked near the inns of court: a barrister will steal it if given half a chance....