your michigan business dissolved

Do you do business as a Michigan limited liability company or a Michigan corporation? Did you know that you need to file an annual report with the State of Michigan (and pay a small fee) in order to keep that company or corporation in existence?

The State of Michigan sends reminders to business owners to file their reports each year. However, the reminder is sent to the address that was used when the business was started. If a business owner has moved and failed to give the State of Michigan the new address, he or she may never receive the reminder.

If a business owner fails to file their annual report for two years, the State of Michigan will automatically dissolve the company or corporation. Continuing to operate as a dissolved business can lead to personal liability of the business owner for any debts incurred by the business.

It only takes a moment to check the current status of your business, and it could save you a great deal of time and trouble. If you are concerned about this issue or other matters pertaining to your business, please request a free consultation.

Do you own your own business? Getting ready to start a new business? Wading through business legal documentation can be a daunting task, to say nothing of writing your own. If you’ve ever downloaded or purchased a CD of legal forms with the intent of drafting your own contract, please proceed cautiously. Many of these documents are not drafted with Michigan law in mind.

If you draft a legal document, and any part of that document is ambiguous, a court of law is required to read ambiguity in favor of the other party. A written document also takes priority over any oral agreements that were made before the contract was signed. You must be absolutely certain that your final document contains everything that was discussed, such as warranties, payments terms, etc., or they will not be considered part of the contract.

Finally, certain provisions must be in writing and signed in order to be enforced. A court cannot award you the late fees on overdue payments, or your attorney fees in the event of a lawsuit, unless the other party has agreed in writing.

Regardless of the size of your business, when it comes to developing legal documentation, it is best to seek the help of a professional. Legal Strategies has experts in the area of corporate law who can help ensure that your legal contracts are complete and binding. Please request a free, no-obligation consultation.

Are you using construction liens to your benefit?

If you are a contractor, or a supplier of materials to a contractor, you have one of the most powerful collection tools at your disposal – the construction lien.

If you are not paid by your customer, the law allows you to place a lien on real estate to secure your debt.

As you might expect, nothing this powerful comes without some strings attached. If you are a contractor dealing directly with a residential homeowner, you must have certain notices, and your license number, in your written contract with the homeowner. If you are a subcontractor, you must send the homeowner written notice so he doesn’t pay the contractor without making arrangements for you to get paid, too.

In addition, you must FILE a lien at the register of deeds office within 90 days of the last day of WORK on the project. This deadline is read very strictly and is not extended if you went back to the project simply to perform warranty work or to pick up your tools. In addition, the lien must be RECEIVED by the register of deeds office (not just "in the mail") by the 90th day from the last day of work on the project, or it is invalid.

Questions? Contact us for a free consultation!

Legal Strategies, P.C. 

Beth Stubbs is the Macomb County, Michigan attorney who heads up the Legal Strategies practice. Legal Strategies assists clients in the areas of estate planning, probate and real estate. 
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