Legal Question in Business Law in Nevada

Shareholders investments

We have 4 stockholders in the corporation broken down as follows

33.3%, 33.3%, 33.3% and 10%. The problem is the 10 % guy will not invest his full 10% of the capitol because the company is losing money. But he take 10% of the losses on his taxes. Can he be forced to invest the remaining moneys to equal 10% of what we have invested invest or loss his stock


Asked on 4/08/07, 5:09 am

3 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Shareholders investments

Aside from the problems of shares in an LLC and over 100% ownership, I am confused on how the 10% can be a 10% owner without paying for the ownership interest. In other words, if they were buying stock, they would normally pay for the stock before it was issued. Or, if it is membership interest in an LLC, they would pay for the interest before signing off on the transfer.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 4/09/07, 7:48 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Shareholders investments

You first problem, unless you made a typo, is that you have shareholders owning more than 100% of the shares. 33.3 plus 33.3 plus 33.3 plus 10 equals 109.9%. Have your documents reviewd by a local attorney.

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Answered on 4/08/07, 9:48 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Shareholders investments

In addition to the stock issue, it appears your company may be an LLC and not a corporation, based on your statements about tax treatment. For these and other reasons, and to get an answer to your question, you will probably want, and need, to get a business lawyer to review the whole picture and straighten it out going forward.

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Answered on 4/08/07, 10:47 am


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