Legal Question in Business Law in Illinois
legal standing to sue in regards to corporation filing
I have been involved in a 14 million dollar lawsuit for the last two years it involved two corporations, both of which my husband and I were President and the largest shareholders. The first was formed in Illinois, the attorney in Illinois was crooked and involved with the BAD GUYS! long story! During depositions I uncovered evidence that I need to sue for a breach of contract a very wealthy group in Illinois, the problem is that the original corporation has been dissolved (the corrupt attorney did this), can I form a new corporation with the same name or do I have to pay the $8,000 plus in back fees to reinstate to sue these people.
1 Answer from Attorneys
Re: legal standing to sue in regards to corporation filing
Hello. In my opinion you cannot preserve your
right to recover from this corporation which has
been dissolved by attempting to bring it back. Don't even think of doing that. It would be a
really bad move. I suggests that you consider
filing a lawsuit against the individual board
members of the corporation. There is a chance
that they might still be liable to you for breach
of contract, depending upon the circumstances of
the breach; did the board members individually
take action which amounted to a breach of contract, etc. Corporations are formed for a variety of reasons. In many instances the intent
is to shield the business owners from personal
liability, but in instances where the owners or
board members act individually, or outside of
the corporation, those individuals can be held
personally liable for actions which harm another
as in your case. I will be happy to answer any
additional questions that you might have.
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