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Restructuring a Business When Adding a Partner

Restructuring a Business When Adding a Partner

Restructuring a Business When Adding a Partner

Successful businesses are not static. With market conditions constantly in flux, it is not uncommon for companies to restructure. You may need to restructure your business if you are bringing a new partner into the mix. In this article, our Fremont, CA business law attorney highlights some of the key ways in which you may need to restructure your business when adding a new partner. 

Four Ways You May Need to Restructure Your Company When Adding a New Partner

  1. Modifying Ownership Interests

A new business partner is likely to have some sort of ownership interest in the company. By definition, this means that the ownership stake held by you—and the other current business partners—will be diminished. Whether another current business partner is leaving the company or you are simply adding a new person into the business, you need to determine exactly how ownership interests will be modified. An experienced Fremont, CA business law attorney can help to ensure that this process is handled properly. 

  1. Changing the Legal Entity of the Business 

A new partner may mean that you need to adjust the underlying structure of your business. A change to a new legal entity may be advisable or even required. Such as when you want to minimize your liability when adding a new partner.  You may want to change from a sole proprietorship to a partnership or limited liability company.  Changing the structure of your business will involve drafting and filing appropriate documents.  It is imperative that you and your business partners carefully comply with all applicable rules and regulations. 

There may also be tax considerations. For example, the State of California Franchise Tax Board notes that general partnerships (GPs) are not subject to an annual tax, but all limited partnerships (LPs) must pay an $800 annual fee to the state. Yet, this annual tax is often a small price to pay for the liability protection afforded by a limited partnership. 

  1. Drafting (or Renegotiating) Contracts  

Contracts are at the foundation of many businesses, especially partnerships, limited liability companies (LLCs), and S corporations. If you are adding a new partner to your California business, it is essential that you have comprehensive, well-drafted agreements in place. In some cases, you may need to renegotiate some of your company’s existing contracts in order to make space for the new business partner. 

  1. Selling or Purchasing Assets 

Finally, it may be advisable to sell or to purchase assets when adding a new partner to the company. The addition of a new business partner is often a good time to reorganize the company so that it is in the strongest possible position to take advantage of all available opportunities. Your business may be better off without certain underperforming assets on the financial books or may want to expand into new areas. As asset purchases or sales can be complex transactions, business partners should be prepared to consult with a lawyer. 

Get Help from Our Fremont, CA Business Law Attorney Today

Attorney Lynette Ariathurai is an experienced partnership law attorney. For help restructuring your business when adding a new partner, please contact our firm today. With an office in Fremont, we are near Newark, Hayward, East Bay, Milpitas, Union City, San Leandro, Gilroy, San Jose, Santa Clara. 

Business Formation & Planning, Contracts, ownership