Legal Question in Criminal Law in Missouri
falsely appearing as an incorporated business, when the owner knows his articles of inc were returned by the state? is the owner solely responsible or the lawyer for allowing him to still operate after notifying him that the business does not exist according to the state
1 Answer from Attorneys
It sounds like you are asking aobut fraud as well as individual liability. If a person represetns themself as acting on behalf of a corporation, the person dealing with them has dealt with the corporation. If it turns out that the corporation does nto exist, it may fall to who owns the business. If the person who said they represented a corporation, is an owner of the business, then they may be persaonlly liable to persons that relied upon their representation. If that person's attorney also made false represetnations, they could be liable to those people who relied upon the representation. If that attorney failed to do what they were hired to do in incorporating the business, they might be liable to their client.
If aparty represents them self as acting on behalf of a corporation, that act can be rectified by later completing the incorporation process and having the by laws of the corporation adopting the acts that that person did in conducting business in the name of the corporation.
Good luck
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