What form should I use to dissolve a corporation that has no shareholders and no secretary?

UPDATED: Jan 17, 2011

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What form should I use to dissolve a corporation that has no shareholders and no secretary?

I started a corporation through a company which I no longer wish association. After a year and no financial income, all attempts at partnerships and funding have failed. I wish to dissolve this corporation that has no shareholders, but all the forms I have seen have provision for shareholders information. What form should I use? I can’t afford a lawyer as I am well over twenty thousand dollars in debt, and have maxed all available credit facilities.

Asked on January 17, 2011 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If it's a corporation (and a sole proprietorship, an LLC, or partnership), it MUST have at least one shareholder by definition; corporations are owned through their shares. If you are the only owner, then you are the sole shareholder and you own 100% of the shares. Therefore, use a corporate form, but if you're the only owner, list yourself as sole shareholder owning 100%.

First though, check the paperwork forming or incorporating your corporation and check also to see that it is registered; if you haven't receiving anything making clear that you are the sole shareholder (and indicating, among other things, how many shares you own) it's not impossible that either the company was not in fact incorporated or that it was set up under some different form (e.g. as an LLC).

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