Legal Question in Business Law in Colorado

What steps are needed to void a contract that was signed during a corporate suspension in California? Do I need a lawyer or can I go appeal directly to the California Secretary of State.


Asked on 11/28/11, 4:48 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

As a general rule, a suspension of an entity does not normally render contracts with that entity as voidable. This is a matter of state law, so this could vary by state and the exact nature of the contract.

Even assuming the applicable state law allows contracts to be voidable (extremely doubtful), the Secretary of State does not get involved in the determination if a contract is voidable. If this relates to a contract under Colorado law, the corporate suspension does not make a contract voidable. As to if this contract is under Colorado or the law of another state depends on the facts of the contract and other elements.

You should speak with an attorney about this contract because there may be various defenses to contract formation or enforcement that may apply. As always, this depends on the facts.

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Answered on 11/28/11, 7:03 pm


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