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ICYMI: Michigan Business Beat | Laura Kane, Foster Swift, Avoiding 50/50 Business Owner Deadlocks

MBN: Foster Swift Laura Kane

Jeffrey Mosher welcomes Laura A. Kane, Associate, Foster Swift Collins & Smith PC, Grand Rapids, MI, one of their 5 locations across the state.

Hear Laura and Jeffrey review how 50/50 business owners can avoid costly deadlocks with smart agreements, tiebreaker provisions, and planning, in this SoundCloud podcast shared below:

In the conversation with Laura, Jeffrey looked to find out:

  1. What is a tiebreaker provision, and why is it important in a 50/50 owned company?
     
  2. What problems arise when two equal owners disagree on a major business decision?
     
  3. What happens if a governing agreement contains no deadlock or tiebreaker mechanism?
     
  4. What types of disputes most commonly create deadlocks between equal owners?
    1. Hiring or firing executives
    2. Capital contributions
    3. Sale of the business
    4. Taking on debt
    5. Expansion plans
       
  5. What are the most common tiebreaker provisions used in shareholder agreements and operating agreements?
     
  6. Many business owners focus on how to start a company. Why is planning for disagreement and deadlock often just as important as planning for success?

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