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Ask a Lawyer -- LLCs
LLC Question 170
Question:
I had formed an LLC with my husband about 6 or 7 years ago, but nothing was ever done with it. We have since divorced and have no contact with each other. I would like to use that LLC (I still have all of the paperwork, and he relinquished any claim to it in the divorce), but I know his name is still attached to it somehow. How do I go about making sure is name is attached to nothing, in any way, in the LLC?
Response: Absent very unusual circumstances, it would be prudent to form a new LLC to operate a new business under separate and apart from your x-husband. Unless you have been conscience about filing annual reports for the LLC and paying the annual franchise fee, this dormant LLC has mostly likely been dissolved by the state. It's not that difficult nor expensive to form a new LLC. I've outlined the steps here: Step to forming an LLC.
Submitted: 02/07/2008; Kimber, PA
Response: 02/08/2008; JJR
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