Here's a question for you. When is an LLC not an LLC?
Answer: When its ersatz principals have failed to pay its Annual Reports to the State of New Jersey for almost SEVEN YEARS, from 2017 to 2024.
"Said business was... REVOKED".
That's right. You are reading this correctly. According to the State of New Jersey, Department of the Treasury, Division of Revenue and Enterprise Services, as of yesterday, April 11, 2024, the STUNADS that purport to own, manage, and represent "Piermont Developers Limited Liability Company" had absolutely failed to maintain that ersatz "LLC" as a going concern. Why? Because for SEVEN CONSECUTIVE YEARS they failed to pay-in Annual Reports.
Offhand, one can think of at least five (5) possible reasons why these Champions Of Ugly Architecture failed to keep the 2013-filed LLC alive:
1. They forgot; or2. They changed mailing addresses or e-mail addresses and were too inattentive to forward mail; or3. They were either out of money or else too cheap to pay the regularly-occurring fees; or4. The ersatz LLC had something to hide as of 2017 and therefore the failure to pay Annual Reports was deliberate; or5. Their dogs ate their filings. Every year. For seven (7) consecutive years.
A few disclaimers. For one thing, the Certificate Number for this evening's blogged document has been redacted to prevent unauthorized access to certain information belonging to yesterday's document-requester. For another thing, do please keep in mind that, as of the moment that you are reading this, these so-called principals of the phantom "LLC" and purveyors of architectural tripe have probably by now scrambled to pay New Jersey the back fees and make the back filings, in embarrassment, after reading either this Blog or else the Facebook posts that correspond to it.
I. Unless the "leadership" of "Piermont Developers Limited Liability Company" somehow fully cured this default today - this "LLC" is a non-LLC and simply DOES NOT EXIST as a matter of law. Even if they cured the default today, the LLC did not exist for a period of almost seven (7) years. That's just ridiculous.
II. In theory, someone, be it the "entity's" principal, CPA, or otherwise, SHOULD have been making regularly-occurring, annual tax filings for this LLC corresponding to the period from 2017 through the current calendar year of 2024, including the filing of documents typically appended to someone's individual federal tax return, as well as perhaps a state tax return. We don't yet have copies of those tax returns if existing. But if those tax returns exist, if those tax returns were filed with the relevant and corresponding governmental tax authorities, and if anyone actually signed those tax returns purporting to government that the LLC actually existed at the time of any of those signatures, then one or more false representations were made by the phantom "LLC" and its enablers to the tax authorities.
Uncle don't like that.
III. Following that thread then, by law, ask, "What IS an LLC comprised of one or more members which is not actually an LLC?". Well, for one thing, it is in trouble, because it is a violation of law to misrepresent an entity as an LLC when it is not an LLC. For some interesting war stories by way of analogy to California, you can read this gentleman's account of what happens to "fake LLCs":
We can save the New Jersey caselaw printed from LEXIS for the ensuing process to follow.
IV. But the reality is that an individual fronting with a fake LLC is actually a sole proprietorship, whether or not he is too brain-addled to know it at the time. And a combination of two or more individuals fronting with a fake LLC are actually operating - and I MEAN "operating" - as a de facto partnership, again, whether or not they are too synaptically-compromised to know it at the time.
V. Now we get to the part where the rubber meets the road. This pretend LLC touted as "Piermont Developers Limited Liability Company", which at best was nothing more than either a sole proprietorship or a de facto partnership from July 16, 2017 to the present time-frame of April 2024, clearly did business during the period of time between 2017 and 2024. We have documents to prove that. And guess what? A sole proprietor, or the partners in a de facto partnership (read, "general partnership"), are PERSONALLY LIABLE for the debts, obligations, exposures, and liabilities of that business.
VI. Yet "Piermont Developers Limited Liability Company" has been trying to ram its ugly, garbage real estate "development" through Village Hall in Piermont New York for years - apparently at least some of the same years as 2017, 2018, 2019, 2020, 2021, 2022, and 2023, and certainly in 2024. Whether they have yet figured it out or not, the principal or principals of Piermont Developers "Limited Liability Company" are personally liable for every single misrepresentation made by that "entity", and made by them, to the federal tax authorities, to the state tax authorities, to the Piermont Zoning Board of Appeals, to the Piermont Planning Board, to the good people of Piermont, and to every other person and entity to whom or which the non-entity entity fake "LLC" was misrepresented across those eight (8) sequential calendar years.
VII. Finally, for now, every single document and filing made by the phantom LLC known as Piermont Developers "Limited Liability Company" to the Village of Piermont, including without limitation any filing made to the Piermont Zoning Board of Appeals, and any filing made to the Piermont Planning Board, in which the "entity" was misrepresented as an "LLC", must be void ab initio - that is, a nullity from inception, and as non-existent as the fake entity itself. Moreover, any so-called "public official" foolish enough to accept and not reject any such fake LLC filing, would be acting outside of his or her jurisdiction and violating his or her duty to the Village and the governmental office that they hold. Aside from being a sure ticket to non-reelection and political suicide, it would be gross malfeasance for that "public official" to even respond to a fake LLC once apprised of the "entity's" non-existence, other than bouncing the fake filing back to its point of origin for good. It certainly was gross malfeasance for everybody in Piermont Village Hall who failed to bother to look up this LLC in New Jersey State records to see if the entity actually existed. Does the Piermont Planning Board even know what a limited liability company IS? It should never have taken this Blog to tell those so-called "officials" of the Village of Piermont to do their jobs. And those "public officials" wanted to trust this "LLC" to build a 14-unit monstrosity in the very heart of the Village? And those "public officials" wanted to trust this "LLC" to remediate potential toxicity on a site that may have once been home to a gasoline station? I wouldn't trust the principals of this fake LLC to know how to tie their own freaking shoelaces.
VIII. Speaking of "doing their jobs", I will leave it to you, the reader, to answer the question of what we call any high-priced representative of Piermont Developers "Limited Liability Company" who files papers and makes arguments on behalf of that phantom "LLC" in any proceeding - also apparently without ever bothering to look up the entity in public records first. But whatever your answer, I will have synonyms. Not to mention, I also have the remedy.
I always expected these characters to fail.
Yet I never expected to see these characters fail so dramatically, and so quickly, as I did when I first saw this two-page document last night.
Again, by now, the so-called principal or principals have probably scrambled to try to "cure" the "LLC" default of almost seven (7) years running. Yet it's too late. Their filings pending before the Village of Piermont, New York, are void. You the court of public opinion can decide the fate of those who sign and submit filings which make misrepresentations to governmental authorities. Or perhaps, other guests are coming.
Good luck, Piermont Developers "Limited Liability Company", peddling your tacky and tasteless "architectural plans" and "artist renderings" elsewhere.
