QUESTION

Adding partner to S-corp

Asked on Mar 17th, 2015 on Business Law - California
More details to this question:
HI I've created a S-corp in California with 1000 shares for $1 each. I have just bought a business this month and will like to add a partner to my s-corp for 50% share. Can i give him 500 stocks to make him a equal partner in my S-corp.
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1 ANSWER

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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An S corporation is like any other corporation. S refers to tax treatment, and is an alternative to the default designation, which is a C corporation. You should not give away stock without much more consideration. The decision to give or sell, from the corporation or yourself, is best taken in conjunction with your CPA and a lawyer that you will use not just now but from time to time throughout the life of the buisness. You really need a buy-sell agreement to create a market in the event that one of you dies, becomes permanently disabled or wants to retire. Off the shelf bylaws won't be enough  and a management agreement, no matter how informal will help you a lot.  There are a lot of other questions, like why you seem to have "par value" stock of $1 when the rest of the world uses "no par value" stock. Your background in dealing with the corporate formalities is not so clear. Good luck in you new business. 
Answered on Mar 17th, 2015 at 3:09 PM

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