Reference no: EM133263016

A group of five, after signing their Articles of Incorporation and having it notarized, told someone else to file it at the SEC and did not bother to follow up. It did not even tell anyone to check on the papers. Nevertheless, it went to say that it is now a corporation since they have executed the articles. They assumed credit with a supplied, and the supplier failed to deliver, despite the transaction. They secured everything and applied with all the requirements. They were able to receive the certificate of incorporation. They entered into the same transaction above. The supplier argued that the corporation cannot sue them because the suppliers went to SEC and discovered that the AOI did not contain any information on its capitalization (which is a fatal defect). Can the suppliers file a motion to dismiss?