Legal Question in Business Law in California
Is there a california or federal business law that states that a business owner must notify investors of loss? and how often should they be notified?
Thanks Deanna
4 Answers from Attorneys
There are a broad array of laws governing financial reporting to investors. Most of them require P&L reporting and more. Without knowing the form of the business, the size of the company, the types of investment, and a number of other things pertaining to the company's structure and operations, there is no way to answer your question more specifically than that.
I think it would also require an analysis of the agreement between the investors and the operators of the business.
Public companies - those that have registered and sold securities to the public - have reporting requirements under state and federal law.
Companies that have not sold stock to the public, and that are owned by a tighter-knit core group of insider-investors - generally have much less formal reporting requirements under law, but still may have duties under their bylaws. Nevertheless, in almost any situation, a shareholder, LLC member or partner is entitled to inspect the books.
Pertinent provisions of California law include Corporations Code sections 212, 1501 and 2204 as to annual reports and sections 1600 et seq. as to inspection of books and records.
Read your corporate By Laws or your Partnership Agreement for the specifics of shareholder or Limited Partner notices and rights. At the minimum a corporation is supposed to hold shareholder meetings once a year, with access to an annual report. A Partnership Agreement defines whatever rights there are. You weren't so unwise as to invest in anything but a corporation or formally organized Partnership. were you?? If so, then your 'rights' aren't defined specifically, and you'll have to do whatever necessary to protect yourself. You always have the 'right' to demand info. Do so.
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