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Does Your Family-Owned Business’s Buy-Sell Agreement Restrict Transfers Of Shares By Gift?

Family-owned business shareholders often enter into buy-sell agreements that provide the terms on which an owner can or must sell his or her shares.  Such agreements usually restrict an owner’s ability to sell shares to third...more

When Terminating Officers in the Family-Owned Business, Follow the By-Laws

A Minnesota Appeals Court recently ruled that a father could not terminate his son as the president of the family-owned business because the father did not have authority to do so under the company’s by-laws.  Call v. Call,...more

Can Your Transfer of Family-Owned Business Stock or Assets be Avoided as a Fraudulent Transfer?

Parents frequently transfer their ownership interests in a family-owned business to their children. This is usually done in connection with an owner’s estate planning or as part of an orderly succession of the business’...more

Definitions in Shareholder Agreements Matter When Transferring Family-Owned Business Stock

Owners of family-owned corporations often enter into shareholder agreements that spell out whether and to whom corporate shares can be transferred. Frequently, these agreements provide for rights of first refusal by the other...more

Corporate Formalities Matter in the Transfer of Shares of Family-Owned Businesses

Shares in family-owned businesses are often transferred between family members, whether through a sale or gift during a shareholder’s lifetime or through inheritance after an owner’s death. The parties to such a transfer...more

Are you paying your children too much to work in the family business? The IRS might think so.

A United States Tax Court recently issued a decision after trial that should serve as a reminder to management and controlling shareholders of family-owned businesses that salaries or other compensation paid to family-member...more

Do You Need to Do Business with Your Co-Owner’s Children? It Depends on the Language of Your Agreements.

Owners of closely-held businesses, including family-owned companies, often agree to restrict the owners’ ability to later transfer their ownership interests to third parties. Such restrictions prevent one owner from selling...more

Beware of Conflicting Interest Transactions in Family Business Management

Directors of all corporations – including family owned businesses – owe a fiduciary duty of loyalty to the company. This duty requires a director to put the interests of the company ahead of his or her personal interest and...more

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