Custom Metals Sys., Ltd. v. Tocci Building Corp.

Plaintiff was a Massachusetts corporation when it entered into a contract with Defendants. The contract was to be performed entirely in Rhode Island. Defendants subsequently commenced a civil action against Plaintiff. At the time, Plaintiff had a certificate of authority from the secretary of state, but after Plaintiff filed this action, the corporation's certificate of authority was revoked. The superior court granted summary judgment in favor of Defendants, determining that Plaintiff did not have a certificate of authority to transact business in Rhode Island, and therefore, it lacked the capacity to sue in the state. The Supreme Court reversed, holding that a certificate was not required in this instance, but Plaintiff must obtain a certificate before proceeding to final judgment. View "Custom Metals Sys., Ltd. v. Tocci Building Corp." on Justia Law