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On July 1, 2015, ABC company filed its Articles of Incorporation with the State

ID: 374898 • Letter: O

Question

On July 1, 2015, ABC company filed its Articles of Incorporation with the State of California. All of their correspondence and contracts list ABC as ABC Inc. On July 10th, XYZ Inc. sues ABC for breach of contract. Then on July 20th, ABC gets notice from the State of California that their Articles of Incorporation have been rejected. ABC forgot to list its Registered Agent on the forms. How is ABC going to be treated in the lawsuit filed against them by XYZ Inc? Will they be a corporation with limited liability - or a partnership with unlimited liability? Please discuss.

Explanation / Answer

In this case, ABC will be corporation with umlimited liability wherein all the business partners have the responsibilty of entire debt of the business undertaking.

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