Legal Question in Business Law in New Jersey

Corp law

i own a small company that is incorporated, can a personal creditor (credit card co.) force me to sell my 50% shares in the company.I own no property, half the business only?


Asked on 3/03/08, 12:52 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Corp law

Your interest in the corporation is personal property that is subject to attachment and execution to satisfy a judgment in the same manner as any other property. What status the holder of such an interest would have with respect to the corporation depends on the bylaws and any shareholder agreements.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/03/08, 1:38 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Corp law

A creditor can execute on the shares of stock. The creditor would only step into the rights as limited by the Shareholder's Agreement. If you would have chosen a LLC when starting the business, you could have limited the rights of the creditor even further by a "Charging Order." You should immediately contact a business lawyer to represent you.

I hope this helps!

Ron Cappuccio

http://www.BusinessEsq.com

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Answered on 3/03/08, 1:49 pm


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