Legal Question in Business Law in Arizona

Isn't the sale of an LLC a matter of public record and the sale price?


Asked on 4/09/11, 1:38 pm

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

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

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Answered on 4/09/11, 1:50 pm
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

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.

3030 North Central Avenue, Suite 604

Phoenix, Arizona 85012

Direct [email protected]

[email protected]

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Ph 602.265.7997

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Web site www.azbuslaw.com

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Answered on 4/11/11, 11:30 am


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