Posted by John Merchant on May 14, 2010 at 18:43:14:
Law on this will be a little different in all 50 but here’s what my WA law is, currently:
If WA LLC is dissolved because of non-renewal, IT can still be sued for subsequent 2 years (in some cases longer) but IT can NOT bring a suit or present any valid defenses in court.
So here, if such LLC has any contracts still in being and possibly enforceable by either party, such as maybe a RE contract where it’s selling a house, or it has a contract to buy one, it’d do better to keep that LLC renewed with the state as then it could defend and represent itself in court; much better if it has not gone delinquent.
IMHO the 2 LLCs you mention, although having the same name are 2 distinctly different entities so anything #2 would do should have no legal effect on #1’s contracts. And vice versa.