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Dual, Inc. v. Lockheed Martin Corp., No. 115, Sept. Term 2003. Opinion by Harrell, J. CORPORATIONS - FORFEIT CHARTER - POWER TO SUE - STATUTE OF LIMITATIONS TORTS - TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS TERMINATION OF CONTRACT - STATUTE OF LIMITATIONS

The president and sole shareholder of a Maryland corporation, in the name of the corporation and in his corporate capacities, filed a civil action for damages against another corporation for tort and contract claims resulting from the termination of two contracts. Unfortunately, the corporate charter was forfeit at the time the suit was filed and remained thus for two years thereafter. When a corporation's charter becomes forfeit, the corporation loses the power to sue. Any complaint filed by a defunct corporation is a nullity as a matter of law and no amended complaint may relate back for statute of limitations purposes. If the statute of limitations expires on a claim while a corporation's charter is forfeit, the revival of the charter is ineffective to resurrect the expired claims. The Appellants claimed the suit was proper under Md. Code (1975, 1999 Repl. Vol.),

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Maryland Law