Legal Question in Business Law in Florida
when a person buys a percentage of a business what is he entitled to if the busines is sold? is he entitled to just the percentage of profits or is he also entitled to the equipment ,machinery etc
3 Answers from Attorneys
It may depend on several factors, but generally speaking, you would be entitled to a percentage of all of the company's assets - profits are company assets, just as is any piece of equipment that is worth more than is owed on the equipment.
However, there are always a lot of issues to work out when a business is being sold or dissolved. It is best to get an attorney involved early in the process to avoid the inevitable pitfalls that ultimately lead to expensive litigation.
If you would like to discuss your particular situation, please feel free to contact me at your convenience. You can call my office at 813-374-2216 or e-mail me at [email protected].
Good luck.
As a Franchise Attorney I can only say the following. It depends on (a) the type of business (corporation, partnership, etc); (b) what your underlying investment contract provides; and (c) other factors. If all you have is a percentage of stock in a corporation, for example, you are not entitled to anything unless the corporation declares a dividend, or it winds up and dissolves. 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
Generally a % of the entire business, assets and liabilities. The contract of purchase should explain it.
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