Legal Question in Business Law in California

Someone forged my husband's name and listed him as president of a CA corp. Will filing( updated Statement Of Information or such) with the Secretary of State be an admission of resignation? Legally he is not resigning since his name was fraudly added. Can he clear his name that easily or do we have to have an attorney file on our behalf? the person whom forged the name has a couple of lawsuits and now they are going after my husband because they think he was involved.


Asked on 8/04/09, 11:29 am

1 Answer from Attorneys
John Gibson

This sounds like an unfortunate situation. I'm assuming that they listed not only your husband's name but also his address. Do you know the people that did this? Is your husband listed as a shareholder? Director? Officer? Agent for Service of Process? All of the above?

Filing an updated Statement of Information is probably not a good idea since you will have to indicate the new shareholder/director/officer and agent for service of process are. How would you know whose name to fill in?

Are the suits naming the corporation or your husband personally? Or both? The answer to these questions (and more) will dictate what to do next. Feel free to post or contact me directly if you have any more questions.

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Answered on 8/04/09, 5:46 pm


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