MyECheck Inc (fka MYEC)

[PhenixBleu]

Below is the California Secretary of State's Status Definition relevant to Maciora's latest maneuver--suggesting that MEC has no standing because their foreign registration in California under their former name held the following status at various points in time.

SOS/FTB Forfeited:

The business entity was suspended or forfeited by both the Secretary of State and the Franchise Tax Board. A business entity's powers, rights and privileges, which include the right to use the entity's name in California, can be suspended or forfeited in California by (1) the Secretary of State for failure to file a Statement of Information and/or (2) the Franchise Tax Board for failure to meet tax requirements (e.g., file a return, pay taxes, penalties, interest).

Subject to the availability of the business entity name, an entity suspended/forfeited by the Secretary of State can be revived by filing a current Statement of Information with this office. This required form was submitted by MEC to the California Secretary of State on May 25. Here's an FAQ from the CA SOS site:

What do I do if my business entity is suspended/forfeited and another party has reserved the name or another entity is using the name?

The suspended/forfeited business entity must change its name, obtain a release of name reservation from the party who has reserved the name, in certain circumstances, obtain written consent to use the name or convince the other entity to change its name.

I think Maciora is attempting to manipulate MEC (aka harass) just as their attorneys have claimed throughout this case. What surprises me the most, though, is that Bill Delgado's attorney, Sean Patrick, is engaging in the harassment with Maciora, who is not his attorney of record. Maciora registered the name MyECheck in Wyoming and California with Sean Patrick as Agent of Record--clearly to prevent MEC from registering that name again (if they even want to), and to provide a basis for their last desperate attempt to toss the case.

The basic fact remains that Maciora is being sued by MEC Incorporated whose status in Wyoming is ACTIVE. CA's Field Description for Status of a foreign business entity in California is applicable only to the entity's registration in the State of California. Information regarding the status of the entity must be obtained from the entity's state, country or other place of formation.