Posted by John Merchant on December 14, 2002 at 14:51:22:
The lot is owned by the stock holders of the defunct original corp., or their heirs.
If you claim any ownership of that lot, you stand a good chance of being prosecuted for theft, and if I were one of the real owners of the defunct corp., or an heir, I’d sue or file a criminal complaint against you in a flash.
Situation: Corporation owns vacant lot. Owner of Corporation dies. Corporation dissolves. I start a new corporation with the exact same name (Gold Sneaker Inc.). Who owns the lot?
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ps: If you think that this a stupid hypothetical question that could never occur, you are wrong. It has, and I have already started the new corporation.
There is a difference between being resurrected and forming a new corp… What you mean to say is you formed a new Corp., right…? by the same name as a recently dissolved Corp., but they are two distinct entities…
What if you formed this new Corp, and a Creditor of The Gold Sneaker, Inc. (the former co, that is now dissolved) approached you for payment of the debt. Do you think that you legally owe that sum…? I didn’t think so…
Now what if Donald Trump dies, and someone has a son they name Donald Trump, does he inherit the fortune…? You get the picture, or there would be lots of folks named J.Paul Getty and Nelson Rockefeller.