Legal Question in Business Law in Florida

how to buy out partner of an ''S'' Corp

I would like to buy out my partner in an S corp. I am 51% owner and he is 49%. Do I just offer him 49% of the net that is in the bank or do I have to pay his 49% out of my own pocket?


Asked on 11/12/02, 10:06 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: how to buy out partner of an ''S'' Corp

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your question is not as simple as you have made it. Generally, partners in a business, whether a corporation or partnership sign a shareholder's agreement or a partnership agreement which sets forth the method in which one partner can force the sale/purchase of the other party(ies)'s respective interest.

You need to consult your agreements and see what is set forth. If there is no agreement, then you might not be able to force the other party to sell his or her interest to you. Certainly, you cannot use joint funds for this purpose.

I strongly suggest that you consult a qualified attorney to review the specifics of your situation.

Scott R. Jay, 305-249-8000

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Answered on 11/13/02, 12:56 am


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