Legal Question in Business Law in New York
disilusion of a corporation
can a corporation with two equal partners with no partnership agreement in place be disolved without the oter partners concent?
4 Answers from Attorneys
Re: disilusion of a corporation
Your questions makes no legal sense. A corporation by definition has no partners. Is has shareholders.
Good Luck
RRG
Re: disilusion of a corporation
Unless otherwise provided for in the Certificate of Incorporation, deadlocked shareholders or directors of a corportion must consent to the dissolution otherwise, a petition is required. NY Business Corporation Law 1104.
Re: disilusion of a corporation
Though all depends upon terms of agreement which are taken place between the partners.For every partnership there must be a partnership agreement and if there is no partnership agreement then the same ammount to joint business venture but certainly not partnership.Since in given proposition there is no partnership agreement hence the question of consent of other person is not required for dissolution.
Re: disilusion of a corporation
Generally you may not dissolve a corporation without a majority consent unles you seek a certificate in order to permit this dissolusion.
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