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View Full Version : Spinning off a new company


DuaneJackson
9th November 2005, 12:34
Presently I own 50% of a limited company. It's doing quite well. We have a product that is totally seperate from the core business but owned by the same limited company.

I'm coming to an arrangement with my partner that will mean I own 100% of the limited company and we set up a new company for the seperate product and he will own 10% of that new company.

The existing company will also sell him some minor things like his laptop, PC, etc for a nominal fee.

This throws up a few qustions. Firstly, should I hold my 90% of the new company as an individual or as the existing limited company. I think the latter might have some tax benefits(?) but owning it personally will give me more flexibility further down the line when it comes to selling it or a part of the first company.

Then there is the issue of a shareholders agreement for the new company. Would I need one to protect myself if I have 90% of it?

I assume I can sell the product from existing company to new compnay for a nominal amount? Would some sort of contract need to be done for this? The new company will have no capital either. So to pay the bills I am thinking about loaning money from the existing company to the new company. Is this wise?

I will ofcourse be taking professional advice and asking my accountants opinion but I thought I'd also ask here as I respect the opinions of a lot of people here and you may well spot something I haven't.

Thanks.

Ozzy
9th November 2005, 19:29
In short my suggestion is...
Own the shares in the new company yourself, for the very reasons you mention. There is no need for your other company to own the new company shares unless you specifically want a group/holding structure but on the face it it I see no reason to.

Yes, get share holders agreements to protect both of you to agree what is to happen should things change in the future. Agree things now whilst you are friends incase things change in the future.