Case Law Summaries

Delaware - LLC Existence

IOENGINE, LLC v. Interactive Media Corp., 2017 U.S. Dist. LEXIS 758 (D. Del. 1/4/2017). An LLC’s certificate of formation was filed the day after it executed an agreement assigning a patent. The U.S. District Court, District of Delaware ruled that while the LLC did not exist as a de jure LLC, it did exist as a de facto entity based on the fact that the Delaware LLC Act provides a law under which the LLC may exist, a bona fide attempt to organize the LLC was made and there was an exercise of corporate powers.

 

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