Here at ELPO Law, we have been asked by many clients throughout the years to advise on and implement changing a company’s state of organization from out of state to Kentucky. Historically, the procedure appeared to be fairly uniform across the states, usually invoking the merger statutes of the two states involved – the current jurisdiction of the entity’s organization and the jurisdiction to which the entity desires to relocate. In recent years, more states are adopting “domestication” statutes which, if allowed by the organization’s home state, allows a corporation to “domesticate” in a new jurisdiction without having to wade through the merger process and learn how to satisfy every state’s merger statutes.
By Nathan Vinson, Attorney
English, Lucas, Priest and Owsley
Owning a business is the American dream for many. It’s building something from your own hands that you’ve shaped and created. It’s long hours, and a labor of love – but in the end – it’s yours. And that’s a fantastic feeling if you’ve got an entrepreneurial streak.
But that feeling of ownership is what keeps a lot of business owners from planning for the future. It’s hard to envision a time when your business will go on without you. Your failure to plan for that inevitability is your biggest vulnerability as an entrepreneur, and can rob you of the equity you’ve built over the years of business ownership.
The best succession plan is one that you make before you need it. It’s on the shelf, ready to go, should something happen to you or other key business owners or managers. It is also a living plan, though, that you should review at least annually and update as needed, just as you would with any other estate documents such as a will or trust.
Even if you don’t see yourself ever leaving your business, creating a plan is a good exercise in thinking about the strategy and purpose of your business, your role in it and the importance of having key people to help you execute your vision. You may find this article from the Small Business Administration on how to exit your business helpful.
Local attorney Elizabeth McKinney joined our firm on September 1 as a partner and attorney. She will work primarily in the areas of estate, probate, wills and taxation. We’re thrilled to have her on our team.
Beth has been an attorney for 20 years. She is also a licensed Certified Public Accountant, working as an accountant prior to her career in law.
Besides estate planning, wills, probate and taxation, Beth will work with business clients, such as corporations, limited liability companies and partnerships on a variety of business and corporate issues. She has advised numerous new business owners with respect to the choice of the entity formed for new businesses. In addition, she has represented business owners in the transition and continuation of closely held businesses in the preparation of asset purchase agreements, buy-sell agreements, shareholder or stock restriction agreements and other business succession planning matters.
Before coming to ELPO, Beth had her own solo law practice, but decided she wanted to come back to a law firm environment. “There are very experienced staff here and terrific attorneys,” Beth says. “This is where I want to spend the rest of my career.”