Legal Question in Business Law in New York
Incorporation
Please tell me what to do when somebody incorporates a business without the permission of all parties and forges the signatures of the missing parties?
2 Answers from Attorneys
Re: Incorporation
Interesting question...particularly since, in NY at least, I can't think of any need for more than one Incorporator to sign the formation documents. Indeed I can't think of one NYS authorized corporate form that even contemplates more than a single incorporator. Which begs the question: why would anybody need to forge incorporators' signatures when only a single signature - including that of the "forger" him or her self - is sufficient.
Perhaps your query is about a person using another person's name to create a company. In that case, if you can show that the reason the alternative name was used was to advance a fraud (i.e. a fraudulent use) and the fraud was aimed at causing damage to the real person whose name was used in the formation documents, then you can make a claim for forgery (look at the addresses, etc. that also go to identification as listed on the documents).
If you'd like to discuss this further, please feel free to contact me at my office, 212.366.1324.
Re: Incorporation
You do not indicate if you are/were involved in the business or if this was for a new business. In either case, it appears that a possible fraud may be involved, plus possible identity fraud. You should retain a local attorney to make further inquiries, and if for an improper purpose, bring a suit to restrain use of the corporation with your involvement. You did not give sufficient information for a better response.
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