I was the president of a corporation that failed and was not formally closed or filed for bankruptcy. Am i able to open another corporation doing different type of work without risk of old issues coming up?
Answer
As a Franchise Attorney I can only say the answer is "it depends." What old issues are you referring to? What agreements did you have with the corporation and what issues did they cover? Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Answer
As my colleague noted, there are a multitude of issues that can haunt a shareholder of a company that was not properly wound down. If there is a reason why the company was not wound down then you need to consult with a New York business attorney to attempt and resolve the issues.
Merely opening a new company does not settle existing liabilities and may expose the new entity to such liabilities.
Feel free to contact my office at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (at) TheLegalist (dot) com
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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.
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