By Leonard DuBoff
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Example text
It also means that if the corporation goes bankrupt, after the corporation’s creditors are paid, the preferred shareholders will generally be paid out of the proceeds of liquidation before the common shareholders. In most cases, the issuance of new stock merely requires approval by a majority of the existing shareholders. In addition, corporations can borrow money on a short-term basis by issuing notes, or for a longer period by issuing debentures or bonds. IN PLAIN ENGLISH As a practical matter, a corporation’s ability to raise additional capital is limited only by its lawyer’s creativity and the economics of the marketplace.
For example, a corporation can deduct all its payments made for certain qualified employee life insurance plans, while the employees pay no personal income tax on this 12 • The Law (In Plain English)® for Restaurants benefit. Sole proprietors or partnerships, on the other hand, may not be entitled to deduct these expenses. A corporation can also reinvest its profits for reasonable business expansion. This undistributed money is not taxed as income to the shareholders, though the corporation must pay corporate tax on it.
Organizing Your Business • 9 ever, the corporate liability shield does protect a shareholder from liability for breach of contract. The corporate shield also offers protection in situations in which an agent hired by the corporation has committed a wrongful act while working on the corporation’s behalf. For example, if a restaurant consultant negligently injures a pedestrian while driving on corporate business, the consultant will be liable for the wrongful act and the corporation may be liable, but the shareholder who owns stock in the corporation will probably not be personally liable.