Legal Question in Business Law in New York
What do I need to legally desolve my corporation with my legally seperated spouse who has 48% shareholder. Divorce proceedings have started and my legal representation can not guide me in this matter as they are Legal services are limited and Free. I am getting more and more in financial debt keeping the company open. Please give me some advice.
Melissa
2 Answers from Attorneys
Instructions and forms for dissolving a corporation can be found here http://www.dos.state.ny.us/corps/vdissolu.html and here http://www.dos.state.ny.us/forms/corporations/1337-f-l.pdf
Any attorney will say there are specific forms that need to be filed to dissolve any corporation. Generally, these must be adopted pursuant to legal actions taken by the corporation. If you are the controlling shareholder, you have a fiduciary duty to the minority shareholder. Any action taken should be with the informed, written consent of all shareholders. Consult with an attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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