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Old 04-07-2004, 05:38 PM
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suijuris suijuris is offline
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Join Date: Oct 2004
Location: South Carolina
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When Foreign Coporations bring suit

When Foreign Coporations attempt to bring suit, remember this:

Under this rule relating to pleading of affirmative defenses, failure to comply with F.S.A. § 613.04 which provides that a foreign corporation shall not maintain an action in any of courts of state until it files a copy of its charter or articles of incorporation in office of Secretary of State and receives a permit to transact business in the state is a defense which must be affirmatively pleaded. Norman M. Morris Corp. v. Weinstein, C.A.5 (Fla.) 1972, 466 F.2d 137, 175 U.S.P.Q. 130 .

I believe most states have laws that parallel this. So always remember to check if a corporation has filed with the secretary of state when you get sued.

Regards,
Sui Juris
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