Business Owner Rights
Beware of the “Accidental” Partner, Shareholder or Member
Published Date: February 5, 2024
I have seen my fair share of disputes over partnerships, closely held corporations or limited liability companies. Some disputes arise from a fundamental misunderstanding over a particular person even being a partner, shareholder or LLC member. The typical scenario is when family members or friends (two or more people) help to build a business from scratch. However, they put off [...] Read More
Achieve a Quick and Painless Resolution to Your Shareholder or Partnership Dispute
Published Date: January 22, 2024
I hear many horror stories about a shareholder or partnership dispute that went on for years before reaching a resolution. I always tell people that most disputes can (and should) be brought to a quick and efficient resolution. Peckar & Abramson, P.C. brings a Results First® approach to any such case. We do this by by focusing on what’s best [...] Read More
Be Careful When Communicating With Shareholders
Published Date: January 9, 2024
I've written about the importance of closely observing, and following, buyout provisions in your LLC’s, company’s or partnership’s governing agreement. Many times partnership or shareholder disputes go to litigation where there is some ambiguity in communications between the parties over partnership or shareholder issues, and whether a buyout has been triggered. Today, we want to talk about the importance of [...] Read More
Shotgun Buy/Sell Option Agreements
Published Date: December 18, 2023
When I served in the armed forces, a shotgun was not exactly “standard issue”. It is far too much of a blunt instrument. The same might be true when dealing with a “shotgun buy/sell” provision in your shareholder, partnership or LLC operating agreement. A shotgun buy/sell option agreement is a common contractual provision in a partnership, shareholder or LLC agreement. [...] Read More
Ignore the Buyout Mechanisms in Your Shareholder Agreement at Your Own Peril
Published Date: December 14, 2023
The end of the year is upon us, and many shareholder or limited liability company agreements have built-in mechanisms for the forced buyout of a deceased shareholder’s interest. The “Certificate of Agreed Value” is often used in such agreements to establish a mechanism for shareholders or members to establish an agreed-upon value for the company’s shares, to be executed in [...] Read More
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