Friday, March 20, 2015

A minority shareholder (5 of a close corp. in Ohio) has applied for a loan for his other business and is requesting our previous 3 years ta...

Question

A minority shareholder (5% of a close corp. in Ohio) has applied for a loan for his other business and is requesting our previous 3 years tax filings. Do we have to provide this information? He is a cosigner on a loan for our business he made when he had majority interest 12 years ago.



Answer

As a Franchise Attorney I can say this. Usually a corporation is under no duty to disclose tax returns to a minority shareholder. This is even more so given the purpose is a loan for the shareholder's other business. Consult with a good business or franchise attorney in your area for specific advice and details.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation



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