Legal Question in Business Law in Illinois
S Corporation Shareholder Rights
Can the majority shareholders (3 shareholders combined 52.5%) decrease or eliminate the shares/ownership of the minority shareholders (2 shareholders combined 47.5%) ?
1 Answer from Attorneys
Re: S Corporation Shareholder Rights
Probably not without the consent of the minority shareholders or litigation, though you should meet with an attorney to see if there is a creative way to do so. Generally, shareholders need a supermajority of well in excess of 50% to accomplish what you describe. I reccomend, however, that you take all your corporate papers, including your articles of incorporation, any amendments, the by-laws, and any shareholders' agreement to an attorney to review. If the split between the majority and the minority shareholders is seriously impeding the corporation's ability to carry on its business, you may have grounds to ask a court to "dissolve" the corporation, freeing you from the minority shareholders, and allowing you to continue on in business without them. Please feel free to call me. Larry Stein, (630) 221-1755.
Related Questions & Answers
-
Do not compete clause I signed a do not compete agreement thirty years ago. I am... Asked 1/01/02, 2:02 pm in United States Illinois Business Law
-
Working hours What are the working hours for a law graduate? Asked 12/11/01, 9:07 pm in United States Illinois Business Law
-
Home day care can a home day care be registered as an LLC (limited liability... Asked 11/19/01, 4:55 pm in United States Illinois Business Law
-
Witness to aWill My Boss who is Director has ask'd me to be a witness to a will. I's... Asked 11/16/01, 10:00 am in United States Illinois Business Law
-
Responsibilities what do business lawyers have to do, or what is their job Asked 10/23/01, 3:28 pm in United States Illinois Business Law