Queens, NY asked in Estate Planning and Business Law for New York

Q: S Corporation 4 equal share owners , if one of the owner die , how to keep his shares within Corporation

If one owner die , how to avoid outsider demands

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2 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
Answered
  • Ridgewood, NJ
  • Licensed in New York

A: There are several unknowns here and best to direct your question to an attorney, who can review the documents. In a nutshell, it all depends! It depends on the corporate structure, governing documents (and always but not likely primarily here on applicable laws). It is generally absolutely doable to ensure that corporate interest be 'kept' or reverted to the company. (S-Corp may be just the elected tax form since both an LLC and a Corporation can elect that tax form). Talk to a lawyer. best advice.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: It depends on what any shareholders agreement or bylaws says.

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