Legal Question in Business Law in California
I got a "notice of suspension or forfeiture" from the State of California Franchise Tax Board. In the mean time some else has taken my corporate name. I have property in that corporate name. What can I do now with the property since it is no longer in the name of a corporation I own? Can they take rights to my property that is the corporate name?
1 Answer from Attorneys
When a corporation is suspended by the California Secretary of State (because you didn't pay the Franchise Tax Board), it means the corporation can't conduct business or go to court unless/until it is reinstated--which you could probably do if you paid the back taxes. Suspension itself does not convey rights in any property that the corporation owns, even if someone else is now using the corporate name. If you don't intend to reinstate the corporation, you should transfer the property to another corporation or to yourself by written transfer from the defunct corporation. The document could be fairly simple, but you should have an attorney either draft it for you or review what you have drafted just to make sure it meets legal requirements and is properly dated. PLEASE NOTE that the name confusion makes it easier for a scammer who has acquired your corporate name to attempt to defraud you by claiming property that actually belongs to your corporation, so it is advisable that you complete any transfer as soon as possible. Unraveling that kind of fraud could be time-consuming and very expensive.
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