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We are a smaller private company with 5 share holders. One partner has found a buyer for some of their shares at a massively inflated valuation, over double. Our shareholder agreement doesn't allow us to block the sale through the board, but we are worried about us being liable for this... View More 
Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them:
Is there anything in the law to prevent litigation used by one larger company (that can handle... View More
answered on Jan 4, 2023
Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.
As an LLC, we file as an S-Corp for federal taxes. We have an existing contract with the foreign company for services, resulting in expected revenue for 3 years. Can they purchase part of the LLC even though we file as an S-Corp? Or should we reform as a C-Corp. What then becomes of the existing... View More
answered on Sep 15, 2017
You would have to elect to be taxed as a partnership or as a C-Corp. A foreign entity cannot own part of an S-Corporation. However depending upon the purpose of the investment and the nature of how you want to operate there may be an alternative set of structures to accomplish your goal.
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