Legal Question in Business Law in New York

Landscaping Business

I have a friend who is interested in selling his Landscaping Business. However, because he is the ''president'', he signs the appropriate legal forms (Consumer affairs documents, licenses, etc.) *BUT* the only thing he does not sign is the employee paychecks. This is a family business and his aunt is the ''vice president'' of the Inc. My question is whether or not he can legally sell his business without having her involved or not because she signs the paychecks and it is listed as an ''Inc.''. I could not find a company charter online so I don't know if I'm looking in the right area.


Asked on 9/17/07, 5:00 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Landscaping Business

You are confusing titles with ownership. Normally, a corporation looks to its shareholder agreement when it sells the business. If there is no shareholder agreement, it looks to its bylaws. Generally, there needs to be either a majority or unanimous vote of the shareholders after a meeting for a corporation to be sold.

Mike.

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Answered on 9/17/07, 8:47 pm


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