In a stock transfer, can Subchapter S Corporation stock be “unretired”?

In a stock transfer, can Subchapter S Corporation stock be “unretired”?

By Nina Kaufman, Esq.

Q.:  Can Subchapter S retired stock be un-retired?   A.:  Generally, when you have gone through a stock transfer to sell your shares back to a corporation, when you later buy back in to the company ownership, the corporation simply issues new shares to reflect the new purchase. In an ideal world, when someone sells their shares, they provide their stock certificates representing those shares to the corporation to be cancelled.  Then, when you buy back in to the company ownership, you wouldn’t get the exact same piece of paper (stock certificate) handed back to you.  Like getting divorced and remarried to the same person, your new anniversary is the date of the remarriage, not the date of the initial wedding. The SEC’s rules for retiring stocks are quite detailed and tedious, so make sure “retired” is the legally accurate term.  Your ability to un-retire stock in the context of a stock transfer depends on your reason for “un-retiring,” so consult with an attorney who knows this area about whether have the right and the…

Continue Reading


What company financial reports does an LLC need?

Q.:  What kind of financial reports are minimally required of an LLC, and how often should they be made available to the partners?   A.:  Minimally, LLCs are required to file annual tax returns for…

Read More

Why You Need to Form a Business Entity

Protect your assets by forming a business entity; it’s worth the cost. Some companies can cover many of their potential business risks with insurance, but in my opinion, if you’re going into business you should…

Read More

A Little Levity

I’ve seen this joke in many guises.  There’s the information technology specialist and the businessman; the politician and the scientist.  Here’s one for lawyer and client (and, yeah, they were all written as “he”). Enjoy! “Business…

Read More
Nina Kaufman

Flying solo doesn’t have to mean going it alone.

I’m Nina Kaufman.

I know first-hand that running a knowledge-based service business has unique challenges. It’s so much easier when you have an advocate in your corner. Over the past 25 years, I’ve worked with thousands of New York business professionals who want a legal advisor to guide and support them as they navigate the business world.

With wide-ranging experience as a business attorney, strategist, and media authority, I bring the added power of a business lens to the legal issues my clients are facing.

And because I’ve been a business owner myself, I’ve lived through the soaring highs and devastating lows – like when my first law firm failed. So I understand what’s involved to serve great clients, detect business risks early and build a true legacy.

I can’t get those 12 years back. That’s why I have made it my mission to ensure that business professionals like you can become wise and discerning leaders, build a solid business, and live your best life.