Legal Question in Business Law in New York
My friend and I are starting a business, however he currently own 100% of the shares. We have agreed to split the business 67% / 33% - how do we go about making this official?
3 Answers from Attorneys
A partnership agreement or other document of that nature.
You and your friend will need to enter into a stock purchase agreement and a partnership agreement. In addition, the bylaws of the company (or the membership agreement if it's a LLC) has to be amended. In some situation you may also want to amend the certificate of incorporation (or certificate of organization if it's a LLC) and re-file it with the state.
You should be aware that there may be some tax consequences if not done properly.
Feel free to contact my office at your earliest convenience to handle this transaction.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (at) TheLegalist (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein.
Mr. Fichman is correct, you would need an agreement and the type of agreement would vary depending on the formation of the company. We have substantial experience handling these types of cases and can also assist you with any trademarking needs you may have. However, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Steven Czik
CZIK LAW PLLC
101 Avenue of the Americas, 15th Floor
New York, New York 10013
212.413.4462
The information provided by Czik Law PLLC (CLP) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. CLP is not taking and will not take any action on your behalf and will not be considered your attorney until both you and CLP have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain CLP on terms acceptable to CLP, you are advised to immediately seek the services of another attorney.
Related Questions & Answers
-
Dear LawGuru Team: I'm interested in participating in an income opportunity known as... Asked 3/28/11, 11:49 am in United States New York Business Law