QUESTION

Is is legal for the same person to own a building, be the landlord and own the company that occupies the building

Asked on Jan 27th, 2020 on Business Law - Texas
More details to this question:
My boss owns a commercial building, is the landlord of that building and owns the company that occupies the building. Each of those pieces has a different company name. The company she owns pays rent to the landlord and the landlord pays a management fee to the building owner. Is this legal?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
There is nothing inherently illegal or improper about this structure, and it is not uncommon.  Obviously the structure can be abused to commit all sorts of shenanigans like tax fraud or fraud on creditors (for example, if the owner company paid a higher than market fee to the management company in order to shift assets out of the reach of creditors of the owner company, that would be fraud), but as long as your boss is careful to run all three entities on the up and up, there should be no problem.
Answered on Jan 28th, 2020 at 8:25 AM

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