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Foreign corporation fails to register to do business here, they do business here, they get sued they can't defend until they pay their taxes!

Foreign corporation fails to register to do business here, they do business here, they get sued they can't defend until they pay their taxes!

So you are driving your car in Palm Beach County Florida and some bad driver who is texting on his phone and not paying attention slams in to your car and destroys your car and hurts you really bad. Then you file lawsuit against this idiot's company (because he was hauling company goods for the 30th time that year) only to find out that they are a foreign corporation (that means a corporation that was registered in a state other then Florida) only to find out that the other corporation had never obtained a registration as a foreign corporation, getting permission from the Florida Department of state to conduct business In Florida. So, Now what?

Well the law says that the corporation is not allowed to defend themselves in a Florida car accident injury law suit, this means that you could just proceed against them in court and get the highest verdict against them that you can and they can not even defend themselves. Unless of course they register and pay their back taxes etc.,

See the below case for specific details.

The Court in Industrial Nat. Mortg. Co. v. Blake 406 So.2d 103 . States:

" "Foreign corporation, which did not overcome its litigious disability by filing overdue reports and paying its back corporate taxes, was barred from maintaining action against county officials, despite assertion that, although it was doing business within state at time action was commenced, it was not doing business within state at time officials filed motion for final summary judgment and, therefore, ought not to be barred from maintaining action, under statute forbidding maintenance of suit in state court by a foreign corporation transacting business in state without authority to do so."

Also Florida Statute Section 607.357(6) provides:

Any corporation failing to file the annual report required by this section shall not be permitted to maintain or defend any action in any court of this state until such report is filed and all taxes due under this chapter are paid, and any corporation failing to file the annual report shall be subject to dissolution or cancellation of its certificate of authority to do business as provided in this chapter.

Look what a gift, the Florida legislature and Courts are saying that if you want to play in our stay you got to be ready to pay in our state!




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