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Commonly Asked Questions about Deeds from Individual to Corporation

The owners of a corporation are shareholders (also known as stockholders) who obtain interest in the business by purchasing shares of stock. Shareholders elect a board of directors, who are responsible for managing the corporation.
How is ownership transferred in a corporation? This is usually facilitated through the buying and selling of shares in your company. Its also important to note that the transfer of business ownership within a corporation will often need to follow the regulations and bylaws set forth in the corporate charter.
The most common way to transfer property is through a general warranty deed (sometimes called a grant deed). A general warranty deed guarantees good title from the beginning of time.
Selling the business is a common method for transferring ownership to a new individual or entity. This process typically involves valuing the business, finding a buyer, negotiating the sales contract terms, and completing the legal transfer of ownership. Most business sales require a buy-sell agreement.
- a corporation can convey real estate only by the authority defined in its by lsws or on the basis of a resolution passed by its board of directors. A deed conveying corporation-owned real estate can be signed only by an authorized officer.
If the property has appreciated in value, a capital gains tax might apply. However, if the LLC is a single-member entity classified as a disregarded entity for tax purposes, the transfer generally has no immediate tax consequences.
With both types, a shareholder agreement or corporate bylaws should have detailed guidelines for selling, gifting or bequeathing shares to new owners, making this process fairly easy.
If your small family business is a sole proprietorship, you can transfer business ownership by selling its assets. If its a partnership, you could transfer your interest to other partners. If its a corporation, you can transfer by gifting, selling, or bequeathing shares.