Legal Question in Business Law in New York
If a sole shareholder of a company dies, the company's treasury/secratory with signature rights make a payment out of the corp. account?
1 Answer from Attorneys
You need to consult an attorney because there is only one shareholder, the bylaws may require the agreement of the shareholder for any money withdrawal. Now this would be the shareholder's estate or executor that may need to approve such withdrawal. In addition, because of the death the company may need to be dissolved and in such case the creditors would need to get paid first before any money can be taken out.
Roman R. Fichman, Esq.
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