Legal Question in Business Law in New Jersey

transfer of ownership

My husband has a partner in a business office, it is a LLC, the partner wants to transfer his ownership to me without a fee, he no longer wants to have the obligations of owning the business, someone told us to just write up an agreement transferring his 50% of the ownership to my name, all parties to sign and get it notarized, someone else told us we should pay him at least $1.00 for his half. What would be the correct procedure.


Asked on 8/16/08, 12:39 pm

2 Answers from Attorneys

Richard Wolf Wolf Law Associates LLC

Re: transfer of ownership

This transaction requires legal counsel to help draft a contract that includes "buy/sell" provisions that lay out a process for the fair valuation and distribution of assets should any of the owners decease or otherwise leave the business, and a general operating agreement governing the management of the business.

We do strategic planning and asset protection engagements for small businesses and would be pleased to go over your situation. Please contact our offices.

This response to an anonymous inquiry is not legal advice and should not be construed as forming an attorney client relationship.

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Answered on 8/16/08, 12:55 pm
Robert Davies The Davies Law Firm, P.A.

Re: transfer of ownership

The chances are very good that he is not willing to give you half of a business just because he likes you. You need to get a lawyer to look at it, and tell you what if any problems you will be taking on because you will own half of this business.

Are the taxes all paid? What is the rent that the business must pay each month? Are there any other problems?

Please call my office if you would like my assistance. I can speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/17/08, 5:14 pm


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