Hi, How Can We Help You?

Blog

Author By The Right of Shareholders to Inspect Corporate RecordsPosted on

Estate Planning in the Time of Coronavirus

Written by 

The coronavirus has swept through Kentucky and Ohio just as it has the rest of the nation. As the number of confirmed COVID-19 cases has risen, along with the death toll, more people may be thinking about long-term medical care and how their assets will be distributed if they pass away. The quarantine period is perhaps a good time to get the right estate planning documents in place to express your wishes and instructions should something happen to you.

If you’re interested in creating or modifying your estate plan during the COVID-19 pandemic, these actions are worth considering:

  • Get a living will in place — A living will, also known as an advance directive, lets you explain your wishes regarding life-prolonging measures to be taken in defined circumstances. You can also name a health care surrogate (in Kentucky) or health care power of attorney (in Ohio) who will make decisions for you if you cannot make them for yourself.
  • Create a power of attorney — Giving someone power of attorney allows that person to pay your bills and otherwise manage your financial affairs in case COVID-19 or any other health issue leaves you unable to do so.
  • Review beneficiaries — Certain assets, such as bank accounts, IRAs, 401ks and insurance proceeds, are distributed to named beneficiaries in set circumstances. It’s important to review the account documents to make sure the beneficiaries you’ve listed are still the ones you want to receive funds.
  • Create a will or trust — Wills are the foundation of most estate plans, making sure that your property passes to your intended beneficiaries. Trusts can be used to manage and transfer assets during your lifetime and after death.

Most estate planning attorneys, including ours, are currently working remotely to maintain social distancing and keep clients and staff safe. We can have discussions on a video conference or over the phone. Documents can be emailed or sent through a delivery service so you can review and sign them without having to come to an office. In addition, Kentucky and Ohio are both on the list of states that allow wills and trusts to be notarized remotely, using electronic instead of in-person signing and attestation.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

The Right of Shareholders to Inspect Corporate Records
+ posts

Shareholders have common law and statutory rights to inspect and copy the records and books of corporations and limited liability companies (LLCs). These rights exist so that shareholders are able to ascertain whether corporate management is being properly conducted and so that they have accurate information when voting on corporate issues.

These rights don’t often need to be exercised in public corporations, which are required by law to disclose their financial information regularly. But for privately held corporations, the right of inspection is a vital way for shareholders to keep tabs on management and finances.

UnderKentucky law, a shareholder may inspect and copy any of the following documents by providing the corporation with five business days’ written notice:

  • Articles of incorporation and all amendments to them
  • The company’s bylaws and all amendments to them
  • Resolutions adopted by the board of directors creating a class or series of shares
  • Minutes of all shareholders’ meetings for the last three years
  • Records of all action taken by shareholders without a meeting for the last three years
  • All written communications to shareholders within the last three years, including financial statements
  • A list of all the names and business addresses of the company’s current officers and directors
  • The company’s most recent annual report

Shareholders also have the right, upon five days’ notice, to inspect and copyaccounting records and shareholder records, but only if all of these conditions are met:

  • The shareholder’s demand is made in good faith and for a proper purpose.
  • The shareholder describes the purpose and the records sought with reasonable particularity.
  • The records requested are directly connected to the stated purpose.

If a corporation refuses to allow a requested inspection, the shareholder can file a lawsuit in the court of the county where the corporation’s principle office is located. If the court rules in favor of the shareholder, the corporation may be required to pay the shareholder’s costs and attorney’s fees.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan;mickey@finneylawfirm.isoc.net; 513.797.2850.

 

advance directive assets covid-19 estate plans trusts video conferencing wills

Author: The Right of Shareholders to Inspect Corporate Records

Shareholders have common law and statutory rights to inspect and copy the records and books of corporations and limited liability companies (LLCs). These rights exist so that shareholders are able to ascertain whether corporate management is being properly conducted and so that they have accurate information when voting on corporate issues. These rights don’t often need to be exercised in public corporations, which are required by law to disclose their financial information regularly. But for privately held corporations, the right of inspection is a vital way for shareholders to keep tabs on management and finances. Under Kentucky law, a shareholder may inspect and copy any of the following documents by providing the corporation with five business days’ written notice:

  • Articles of incorporation and all amendments to them
  • The company’s bylaws and all amendments to them
  • Resolutions adopted by the board of directors creating a class or series of shares
  • Minutes of all shareholders’ meetings for the last three years
  • Records of all action taken by shareholders without a meeting for the last three years
  • All written communications to shareholders within the last three years, including financial statements
  • A list of all the names and business addresses of the company’s current officers and directors
  • The company’s most recent annual report
Shareholders also have the right, upon five days’ notice, to inspect and copy accounting records and shareholder records, but only if all of these conditions are met:
  • The shareholder’s demand is made in good faith and for a proper purpose.
  • The shareholder describes the purpose and the records sought with reasonable particularity.
  • The records requested are directly connected to the stated purpose.
If a corporation refuses to allow a requested inspection, the shareholder can file a lawsuit in the court of the county where the corporation’s principle office is located. If the court rules in favor of the shareholder, the corporation may be required to pay the shareholder’s costs and attorney’s fees. About Finney Law Firm, LLC Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work. FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually. For more information about Finney Law Firm, visit finneylawfirm.com. Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.