My bet is that Prenda is being abandoned. I will be really surprised if this corporation is ever reinstated. The very timing of the new LLC coming into the game (exactly when Prenda loses its standing) suggests that “Anti-Piracy Law Group” is meant to be a replacement, not an entirely new structure. Prenda’s “not good” status is most likely a result of failing to file the annual report that was due on October 31.
The first question:
Why anyone wants to abandon the company that is not bankrupt, that has a nice positive settlement cash flow, not being sued etc.? Only crooks need machinations like this to operate.
(The last phrase was meant to play along with “Bittorent Betty,” in a desperate hope that she will retweet this question.)
While there might be legitimate (not necessarily ethical) reasons for the shuffle, Prenda’s current status dictates a couple of practical questions, irrelevant to the “why” asked above. I am ignorant in the part of the law that deals with corporations, and I do not know Illinois regulations either. I have no desire to do a research, yet my intuition tells me that asking these, maybe naïve, questions, can convey important information to attorneys, and through them, to judges:
Can a company that is not in good standing file and/or maintain lawsuits for their real and fictional clients?
Would a contract signed while a company was not in good standing, be valid? If settlement agreements were made between Prenda and alleged infringers after November 1st, would they be binding?
Knowing John Steele’s hubris, narcissism and permanent (and false) sense of invincibility, I am more than sure that court filings under the “Prenda” name were made during the period in question. Also, I’m sure that some folks settled with Prenda after November 1st.
Actually, I know one tidbit that is not a question: if someone wants to sue Paul Duffy for Prenda-related activities, it is a perfect time to do it now: he will be on the hook personally, cannot be shielded by a corporation that is not in good standing (even if it is later reinstated).
Thanks to TAD and Raul for the thoughts and expertise that led to these questions.
Prenda might be coming back on the header of the letters. According to the IL Secretary of State website, Prenda is back in good standing.
They filed their report on 02/06/2013 and paid the $47 for the certificate.