Legal Question in Business Law in Texas
I am purchasing an aircraft with two other partners and curious if forming a corporation/LLC is necessary or if just having a lawyer write up a partnership agreement will work.
2 Answers from Attorneys
This ultimately depends upon what protections you may be seeking for yourself and/or you partners. Issues (e.g., use, time, maintenance, fuel, etc.) with aircraft can become a nightmare is not properly addressed in time. You should really consult with a local law firm to ensure that you are fully protecting your rights and interests.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
An attorney will tell you it depends on the intended use of the aircraft and other factors. If it's a business use, then forming a legal entity is almost a must. Even if it's just for pleasure, there are a host of "who does this," and "who's responsible for that" type-questions that need to be addressed up front. A partnership or LLC may be less costly and cumbersome than a corporation. Consult with a business attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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