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Posted on 9/28/23 at 8:15 am to Meauxjeaux
The direct answer is yes. The item is brought under a specific NY law that allows for that remedy
Nevertheless, most if not all states would have non recognition laws based on action or lack of action. LLC s and corporations are creatures of state law. We all have a right to form them, then they live an artificial life of their own tgat is separate and apart from their owners
States can defease (or take away) that right in certain situations where the burden is on the state. A simple example is not filing sn annual report or paying excuse taxes, etc
One of the executive laws that allows nonn recognition is based on fraud, . ( The judge even refers to them as the cancelled LLCs)
What’s perhaps worse, this NY law allows a remedy for a permanent injunction that prohibits persons from having the right to form them in the future. Don snd Don Jr are named defendants so they face this peril, but I’m not sure how adamant Hames is pushing this remedy
Nevertheless, most if not all states would have non recognition laws based on action or lack of action. LLC s and corporations are creatures of state law. We all have a right to form them, then they live an artificial life of their own tgat is separate and apart from their owners
States can defease (or take away) that right in certain situations where the burden is on the state. A simple example is not filing sn annual report or paying excuse taxes, etc
One of the executive laws that allows nonn recognition is based on fraud, . ( The judge even refers to them as the cancelled LLCs)
What’s perhaps worse, this NY law allows a remedy for a permanent injunction that prohibits persons from having the right to form them in the future. Don snd Don Jr are named defendants so they face this peril, but I’m not sure how adamant Hames is pushing this remedy
This post was edited on 9/28/23 at 8:18 am
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