Legal Question in Business Law in California

i am a 47% s-corp owner in california and want to buyout 51% owner if he refuses my offer what can be done


Asked on 3/06/11, 5:37 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Unless you have a buy-sell agreement of some kind, all you can do is negotiate and make a better offer. Without an agreement between them, stockholders generally cannot force another stockhoder to buy from them or to sell to them.

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Answered on 3/06/11, 9:45 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. Having a buy-sell in place is something to be done BEFORE becoming a shareholder is a close corporation. 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 3/07/11, 8:06 am
Ashley C L Brown Law Offices of Ashley C. L. Brown

Keeping in line with the previous answers, do you have any type of buy-sell or shareholders agreement in place? If not, you probably just need to negotiate a mutually-agreeable sale/purchase. Also, you might want to take a look at the bylaws, to see if they say anything about the matter.

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Answered on 3/07/11, 8:21 am


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