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Is it possible to become a chareholder of the corporation by

 
 
 

Customer Question

Is it possible to become a chareholder of the corporation by borrowing the money from the corporation instead of bringing your own money. For example, getting a note from the corporation.

Submitted: 963 days and 22 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: United States

 
 
 
 
 
 
Posted by Dimitry Esquire 963 days and 22 hours ago.

Expert's Answer

It is possible. Usually you can bring in "skull" or "sweat" equity into the corporation as your legal share. (in other words, your brain work or your grunt work on behalf of the entity can count for a percentage of ownership if you are not able to bring in money).





Sincerely,





Dimitry Alexander Kaplun, Esq.

 
 
 
 
 
 
963 days and 22 hours ago.

Customer Reply

When the new person signed the note and received the shares for the note, he became a majority shareholder. He never paid off the note and even didn't make a single payment. Are the shares of this shareholder valid?

 
 
 
 
 
 
Posted by Dimitry Esquire 963 days and 22 hours ago.

Response From Expert

Who authorized the share transfer? The Board?

 
 
 
 
 
 
963 days and 21 hours ago.

Customer Reply

Yes, the Board. Aslo it's a Texas corporation operating in California.

 
 
 
 
 
 

Accepted Answer

Although the transaction, on its' face, looks mighty suspicious, it may be legitimate if the new board member is providing some sort of benefit to the organization--for example the board typically authorizes stocks for an incoming president or other officer of the organization. If there is no net benefit, and other shareholders exist, it may be wise to have consultation with a securities attorney because the board may very well not be acting in the best interest of the entity and could be accused of breaching their duty.





Sincerely,





Dimitry Alexander Kaplun, Esq.

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Expert: Dimitry Esquire
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Answered: 10/3/2009

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JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin

 
 
 

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