Posted by Frank Chin on November 16, 2009 at 06:27:17:
In Reply to: LLC pro se posted by John Merchant on November 15, 2009 at 13:02:48:
John, you are right about this being litigated and tested. There was a lawsuit filed here in NY State arguing that the "publication requirement" is unconstitutional as it discriminatory against the LLC form of business, since it is not required of any other business form. I don't recall the court's logic in it's ruling, but on narrow grounds, the court ruled that the requirment to be constitutional.Now on the question of LLC's not mentioned, I can see a constitutional issue arising if Corps are allowed to sue in commercial small claims, and LLC's are not.
The best way is just to contact the local court and see where LLC's should file suit. I was sued a few years back myself, and had to show up at night court, and I recall seeing many cases called where banks and department stores sued consumers. I can't see a small store, operating as an LLC not allowed to sue in small claims, but Chase, Sears, and Citibank can.
It seems for business entities, a "certificate of authority" is also required to be completed and filed, and from this, Corp officers, employees, or LLC members can attest to their legitimacy in representing the organization as plaintiff, with the authority to settle the claim when needed.
- LLC just another "person" John Merchant 07:32:42 11/16/09 (0)