QUESTION

If there is only one share holder in a corporation can the spouse who is a officer-vice president still run the business

Asked on Feb 06th, 2021 on Small Business Law - New York
More details to this question:
The owner has passed away, wife is vice president of the corporation, but we dont believe has any stock in the business, can we still run as a business
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1 ANSWER

Trademarks Attorney serving New York, NY
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If a person dies whatever assets he has will be administered according to the laws of the State where the deceased was domiciled. The shares of stock of a person are assets that can be transferred to another by will or by the operation of law. In a corporation, unless otherwise stated in the corporation agreement, shareholders can independently dispose of the shares. Now, in a corporation with only one shareholder, when the shareholder dies all of his assets including the shares owned by him pass to his heirs if any, and his spouse. If his spouse is the one with the right to receive these assets, she will be the new owner of the share and the owner of the company. However, it does not mean that she will be automatically entitled to run the company. Corporations have by-laws which state how the company will be run. If the spouse of the single shareholder of a corporation wants to make changes, she will have to follow the provisions of the by-laws and any other legal provisions related to the administration of the businesses of the company. 
Answered on Feb 07th, 2021 at 11:53 AM

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