Domain name ownership question

[mcgrupp]

I purchased a domain from a person back in 2004, the domain was transfered to my personal account. I formed a sole proprietorship which then was a partner in a new company i set up where I was the majority partner and have over 51% of shares. Now 5 yrs later there are issues between the partners and I maybe forced into a dissolution of the company. The domain name remained in my personal account the whole time, I never transfered ownership of the domain, there was never discussion of the domain name being transfered to company as well. There is also no mention of domain name in our opperating agreement, the only place we see it is in our taxes as an asset. Do I maintain ownership or can they company / partners take it or does it have to be liquidated at point of dissolution? My goal is to walk away with the domain name and continue the business as it was my vision to start, before the company was established. I appreciate any input on this.

 

[INVIGOR]

I think if it shows up on the books as an asset, it belongs to the company despite who's name it's in. There are BIG companies that have their names registered in individual's names, or even their lawyers, or even private registered, but they are property of the company. Did you use the domain for the company website or even the email address(es)? If so, I think the answer is clear.

 

[charlescarreon]

I formed a sole proprietorship which then was a partner in a new company i set up where I was the majority partner and have over 51% of shares. Now 5 yrs later there are issues between the partners and I maybe forced into a dissolution of the company. The domain name remained in my personal account the whole time, I never transfered ownership of the domain, there was never discussion of the domain name being transfered to company as well. There is also no mention of domain name in our opperating agreement, the only place we see it is in our taxes as an asset. Do I maintain ownership or can they company / partners take it or does it have to be liquidated at point of dissolution? My goal is to walk away with the domain name and continue the business as it was my vision to start, before the company was established. I appreciate any input on this.

Nothing is clear without reviewing the relevant documents. They are so many moving parts here it would make a good exam question.
Is the "partnership" a true partnership (not likely), a corporation, or an LLC?
If it's any LLC, are you the "Manger?"
If a corporation, who is on the board?
Has the domain ever been used as a corporate asset? To what extent? Did it ever become a source of meaningful revenue?
PM me.