Legal Question in Business Law in Arizona
Isn't the sale of an LLC a matter of public record and the sale price?
2 Answers from Attorneys
As a Franchise Attorney I can say this. The sale of any closely-held business, like an LLC or S-Corp, is not a matter of public record. The sales price is between the parties and is only reported to the IRS. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
I agree with Mr. Murphy that the sales documents of a private company are not public records. If there is a lender involved - which could be the seller for some part of the price - there could be a recorded UCC-1 Financing Statement (which tells the world that that creditor has an interest in those assets - warning to subsequent buyers or lenders) and if there is real property involved then there could be a recorded deed of trust or mortgage on the land or building. So, let's say there could be public notice of a transaction but not the contract or its terms itself.
Hope this helps.
(By the way, 9 out of 10 times you would not sell the LLC anyway. That would typically be the wrong way to do the transaction.)
So, use a lawyer so you know what you are doing. Cost/benefit analysis is a "no brainer."
Law Offices of Donald W. Hudspeth, P.C.
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