Home  > For Small Business  > Business Structures  > Corporations  > Non-Profit Corporations  > Florida Statutes 617.2003 - Proceedings to revoke articles of incorporation or charter or prevent its use 
Search the Florida Statutes

Florida Statutes 617.2003 - Proceedings to revoke articles of incorporation or charter or prevent its use

Florida Statutes > Title XXXVI > Chapter 617 > § 617.2003 - Proceedings to revoke articles of incorporation or charter or prevent its use


Current as of: 2011

If any member or citizen complains to the Department of Legal Affairs that any corporation organized under this act was organized or is being used as a cover to evade any of the laws against crime, or for purposes inconsistent with those stated in its articles of incorporation or charter, or that an officer or director of a corporation has participated in a sale or transaction that is affected by a conflict of interest or from which he or she derived an improper personal benefit, either directly or indirectly, and shall submit prima facie evidence to sustain such charge, together with sufficient money to cover court costs and expenses, the department shall institute and in due course prosecute to final judgment such legal or equitable proceedings as may be considered advisable either to revoke the articles of incorporation or charter, to prevent its improper use, or to recover on behalf of the corporation or its unknown beneficiaries any profits improperly received by the corporation or its officers or directors.

s. 118, ch. 90-179; s. 105, ch. 97-102.

previous sectionChapter 617 Table of Contentsnext section

________________________________________________________________________

Questions & Answers: Non-Profit Corporations

If a 1976 corporation homeowners association failed to adopt any bylaws and in 2007 filed them finally in the county in which the townhomes were, but the articles and by laws were...
Suzanne, Unless the association has been legally dissolved, it can continue operating, despite problems with its corporate formalities. To use an analogy, Citibank has to file a va...
501c7 (country club) wants to dissolve and sell to or form a for-profit corp. Would sell shares to interested parties. Would sell $500,000.00 in shares to raise enough money to mak...
Must a vote on an issue be held during a regular membership meeting? If the answer is yes, if a quorum is not met, may the vote still be taken and is it binding?...
Is the board of a 501c3 non-profit obligated to provide minutes to their meetings if requested by a stakeholder? In the event of an animal shelter, would a donor or volunteer be co...
If the president of a board says something to a child (member) in her vehicle on personal time. Then that child repeats it to another child (member) during company time is the boa...

Related Articles: Non-Profit Corporations

 Tennessee Attorney General Issues Opinion on Electronic Records
 Non-Profit Organization
Comments (5)add comment
virginia jones: ...
is it legal to be filed with the state as a for profit coop and filed with the state as a for not for profit 55+ mobile park at the sakme time we are listed as a management entity with the state also. what can be done about this the name of the mobile home park ( leisure village inc. of stuart )
1

March 04, 2012
Larry Serafin: ...
If a incorporated home owners asso.ceases to collect dues,hold meetings,or elect officers,can it disband or does it remain in a state of limbo?
2

March 15, 2013
Steven Daily: ...
Larry,
A corporation continues to exist despite inactivity such as you describe. So there is no "limbo" from a legal standpoint. At some point the corporation must file an annual report. If if doesn't do so, it will be dissolved by the state. The corporation may dissolve itself voluntarily by filing articles of dissolution:

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_617-1403

Steve Daily
LawServer.com
3

March 15, 2013
suzanne Archer: ...
If a 1976 corporation homeowners association failed to adopt any bylaws and in 2007 filed them finally in the county in which the townhomes were, but the articles and by laws were filed undated, unsigned and not notarized. How is the not-for-profit continuing to perform and assess? And lien and foreclose?
4

March 31, 2013
Steven Daily: ...
Suzanne,
Unless the association has been legally dissolved, it can continue operating, despite problems with its corporate formalities. To use an analogy, Citibank has to file a variety of reports with the government on a regular basis. If it fails to do so one day, it doesn't mean that suddenly no one has to pay their Citibank mortgage or credit card.

Steve Daily
LawServer.com
5

April 02, 2013

Post a comment or question below.
smaller | bigger

busy
 
Email  Email Print  Print   Digg

Peacock Myers, P.C.

201 Third Street NW, Suite 1340
Albuquerque, New Mexico 87102
Practice Areas: For Small Business, Intellectual Property
www.peacocklaw.com/
The Jaffe Law Firm
General Practice Law Firm

320 Gold Avenue SW, #1300
Albuquerque, New Mexico 87102
Practice Areas: Employment, Criminal Law, Family Law, For Small Business, Personal Injury
www.thejaffelawfirm.com/
Wolf & Fox, P.C.
Full Service Law Firm

1200 Pennsylvania NE
Albuquerque, New Mexico 87110
Practice Areas: Family Law
www.wolfandfoxpc.com/
monotone-frail