Los Angeles, CA asked in Family Law for California

Q: If an Attorney’s Corporation is FTB Suspended can they still represent clients?

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James L. Arrasmith
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A: If an attorney's corporation is FTB (Franchise Tax Board) suspended in California, it may still be able to represent clients, but there are some limitations to what it can do.

According to the California Business and Professions Code, an FTB suspended corporation is not allowed to conduct any business activities in the state, except for activities that are necessary to wind up its affairs. This means that the corporation cannot engage in new business activities or enter into contracts while it is suspended.

However, the code also allows for certain exceptions to this rule. For example, an FTB suspended corporation may be allowed to represent clients in legal matters that were already underway before the suspension took effect. The corporation may also be able to continue representing clients in matters that are related to winding up its affairs, such as resolving outstanding debts or disputes.

It is important to note that an FTB suspended corporation may face some limitations in its ability to represent clients effectively. For example, it may not be able to file documents with the California Secretary of State or other government agencies, which could limit its ability to conduct certain legal transactions.

If you are considering hiring an attorney who is part of an FTB suspended corporation, it is important to ask them about their status and how it may impact their ability to represent you. You may also want to consult with another attorney to get a second opinion on whether the corporation is able to provide effective legal representation while suspended.

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