Legal Question in Business Law in New Jersey

Incorporation with multiple partners

Hello,

Around 5 friends decided to incorporate a company with equal partnership. However they plan to recruit people working for sweat equity. How to actually set up the shares/relationship amongst them 5 and among them and the people they recruit?


Asked on 5/19/09, 6:11 pm

4 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Incorporation with multiple partners

Unless you like the idea of appearing in criminal court, you should enlist the services of a business lawyer to help. Any time an ownership interest in a business entity is offered in a context other then a strictly private offer, the prospect of invoking both State and federal securities laws arises. You said that you intended to "recruit" (a public offer) new partners to work for "sweat equity" (an owhership interest). If you do that wrong and anyone, including the Attorney General, is dissatisfied with what you have done, you could wind up with no business and a lot of criminal charges and lawsuits. Some of these ideas can be made to work, but don't do it yourself. Get the help of a business lawyer who may then point you in the direction of someone who handles public offerings.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 5/20/09, 9:20 am
Michael Markowitz Michael A. Markowitz, PC

Re: Incorporation with multiple partners

You would have to have an attorney draft a shareholder agreement that addresses capital contribution such as money or sweat equity.

Mike.

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Answered on 5/19/09, 6:14 pm
Daniel Pepper Pepper Law Group, LLC

Re: Incorporation with multiple partners

If the owners want to provide actual ownership interest to the recruited people, they'll need to determine how they want their ownership interests diluted. There are other options aside from giving outright owner ship to the recruits, however, which may not require actual assignment of company ownership.

If you'd like to discuss the various options, please feel free to contact my office.

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Answered on 5/19/09, 7:12 pm
Robert Davies The Davies Law Firm, P.A.

Re: Incorporation with multiple partners

This has a LOT of ways to go wrong.

Hire a good business attorney and keep you all moving smoothly. And if you do disagree, you will have a mechanism to resolve the conflicts and keep your business going.

If you would like me to help you, please give me a call; I am in Hackensack (northern New Jersey). My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/19/09, 7:38 pm


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