Shareholder Consent Form For Existing Company In Utah

State:
Multi-State
Control #:
US-00036DR
Format:
Word; 
Rich Text
Instant download

Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The rule is a defense to a claim of liability for corporate actions.

To be taxed as an S corporation, you must convert your LLC into a traditional corporation (C corporation) with the state, and file IRS Form 2553 "Election as a Small Business Corporation" with the IRS. For your business to qualify as an S corporation, make sure it meets the IRS's specific guidelines.

The business judgment rule protects companies from frivolous lawsuits by assuming that, unless proved otherwise, management is acting in the interests of the corporation and its stakeholders. The rule assumes that managers will not make optimal decisions all the time.

Under this standard, a court will uphold the decisions of a director as long as they are made (1) in good faith, (2) with the care that a reasonably prudent person would use, and (3) with the reasonable belief that the director is acting in the best interests of the corporation.

Most management actions are protected from judicial scrutiny by the business judgement rule: absent bad faith, fraud, or breach of a fiduciary duty, the judgement of the managers of a corporation is conclusive.

In an opinion recently published by California's Second Appellate District — Tuli v. Specialty Surgical Center of Thousand Oaks, LLC — the Court confirmed that the business judgment rule (as described above) applies in LLCs too.

A Shareholders' Consent to Action Without Meeting, or a consent resolution, is a written statement that describes and validates a course of action taken by the shareholders of a particular corporation without a meeting having to take place between directors and/or shareholders.

In addition to an affirmative statement that the shareholder consents to the corporate election, the statement of consent shall set forth the name and address of the corporation and of such new shareholder, the number of shares of stock owned by such share- holder, the date on which such shares were acquired, and the ...

If you have an existing LLC you can convert to an S-Corp by completing IRS Form 2553. This form can be faxed or emailed to the IRS. It will usually take 6–8 weeks to get a confirmation letter back from the IRS. You are not officially an S-Corp until you receive the confirmation letter.

More info

Form 2553, Part I, column K, Shareholder's Consent. Statement (or similar document attached to Form 2553), will meet this requirement; or. 6.Enter the name and address of each shareholder or former shareholder required to consent to the election. Decided a corporation is for you, but unsure how to get started? Check out these steps for how to incorporate your business in Utah. Of course with greater size comes greater responsibility.

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Shareholder Consent Form For Existing Company In Utah