If I have a email based contract and the agreement is to a company and name, since the company is not a legal registered company does this void the contract?

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If I have a email based contract and the agreement is to a company and name, since the company is not a legal registered company does this void the contract?

Asked on September 2, 2014 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the company is in fact an LLC or corporation, even if it is not registered to do business, then the contract is a binding obligation both of and to it--that is, it is an enforceable contract, though in certain cases, performance may be impossible due to illegality (that is, if the contract is do to something the business must be registered to do, but it is not registered, then it cannot legally do that thing; depending on who knew what at the time the contract was signed, this could lead to liability for fraud, or misrepresenting/lying). If the company is not actually an LLC or corporation--if by "not a legal registered company" you mean that no LLC or corporation ws formed or exists--then the contract is binding upon whomever at or for the company executed it.; if a person signs a contract not as a representative of an LLC or corporation, it is binding on him/her personally.


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