Posts Tagged ‘Business’
Single Member LLC - Avoid Bad Habits
The single member LLC is touted as one of the best business entity choices for sole proprietors seeking protection from Lawsuits and business debt. These entities are, in fact, very good for just this purpose. They do carry, however, a high level of risk for the unwary own. How so? It is easy to fall into bad habits that can end up terminating the protection provided by the limited liability company.
Let's start with the basics. What is a single member LLC? An LLC does not have shareholders that own it as is typical with corporations. Instead, the entity is owned by “members”. The Single member LLC is thus a limited liability company owned by only one person. This, unfortunately, can lead to a host of problems if the owner gets lazy.
The liability protection provided by the limited liability company is based on a legal fiction. This fiction states that the entity, for legal purposes, is the equivalent of a human being under the Law. This means that it can enter into contracts, commit negligent acts, drink too much…err, not that last one. Regardless, this fiction creates some duties and obligations upon the member.
As a general rule, the member must treat the LLC as though it is a separate business entity. If the member starts commingling their personal finances with the LLC, then a creditor could argue that the entity is a sham and should be set aside with the member becoming personally liable for the debt in question. This is known as piercing the corporate veil, although technically it would be called piercing the LLC veil in this instance.
The LLC is often touted as being a great business choice because it does not require a person to follow corporate formalities. While legally correct, a single member LLC should follow them in detail. Why? There is such an opportunity for the company to be considered the default play thing of the member that it is critical that an effort be made to show that the opposite is true. Keeping annual minutes and what have you is the way to do this.
The single member LLC definitely has its place in the modern business environment. That being said, make sure you make the necessary effort to establish that it is being run like a formal business or you will risk having the protection it provides penetrated and your personal assets exposed.
Richard A. Chapo is with <a href=”http://www.sandiegobusinessLawfirm.com”>SanDiegoBusinessLawFirm.com - providing warnings about the <a href=”http://www.sandiegobusinessLawfirm.com/limited-liability-company/Single-Member-LLC-Time-Bomb”>single member LLC time bomb most member owners are unaware they are facing.
Automobile Liability Insurance For Your Financial Protection
Car Liability Insurance is required by state Law in every state of the U. S. This insurance is designed to pay for the damage that you cause to other vehicles, property or persons in an automobile accident. Each of the states has their own requirement for liability insurance. Some states have a very minimal amount of insurance that is required, while others have tried to update their requirements to closer meet the actual costs of an accident.
American Demand for Office Furniture and Trends with Forecasts To 2010-Aarkstore Enterprise
We distinguish between numerous product categories, including wooden furniture, metal furniture, chairs, ergonomic products, furniture systems, space dividers, and more. Corporate clients are segregated and analyzed according to geographic location, their industry affiliation and size, as well as the occupation, sex and age of the end-users. The study deals with new trends and the changing environment in modern offices. Forecasts are provided to 2010. A full index is provided for easy referencing.
Table of Contents :
1. THE SIZE OF THE MARKET BY PRODUCT CATEGORY AND REGION
South Carolina’s Trademark Property Office
Today, many people are now considering purchasing their own real estate properties. Besides, if you already have a family, and you still live in a cramped apartment in the city, you should consider that it is very inconvenient and is no place to start a family. Many people work hard in order to afford to purchase their own real estate property where they can live more peacefully than living in the city in a cramped apartment.
The Pros and Cons of Business Partnerships
Going into partnership with someone requires a long thought process. Going into business with a friend requires an even longer thought process! If it doesn't work out, you could end up losing your business and your friend. So think carefully before you consider letting someone else in on your business idea.
Of course, there are many pros to having a partner in business. In an ideal world, you can share the workload and the profits. In an ideal world, the partner will have ideas that you had not thought of and vice versa. Your business could grow more quickly with the help of another person. You can share the risks as well as the costs and benefits. You can complement one another's skills and be there for one another to offer morale and support when times are tough.
Have You Heard of Litigation Support Services - What is This
Have you heard of litigation support services? This is a litigation service which helps Lawyers present a better case. The better your case the better chance you have to win. Many cases do not get to the trial stage. They are negotiated before trial and both parties agree to a settlement. Or there are cases that are settled in conflict resolution settings. But you have to be ready for trials that do go to trial.
The Ins and Outs of the Trademark Registration Process
When people think of starting their own business, what they usually think first is the logo or the trademark of their company. They will also think about the capital and will make the necessary business plans to present with the bank when taking out a loan.
You have to consider that it is important for a business to have a trademark symbol in order for consumers to identify their products. If you want to start your own business, you may want to think about the design of your trademark symbol or logo. You have to consider the fact that it should be unique and should be easily remembered by consumers.
International Trade Finance for the Small Business
With the advent of the Internet, even the smallest of businesses can branch out to international sales. Depending on the scale in which the business chooses to move in to, international trade finance may be the logical choice if working capital for such a venture is not easy to come by. There are many agencies and financial institutions that have dedicated complete departments to assisting just this type of business owner.
Using the Internet to Compare Brokers
Insurance shopping can be quite the hassle. With so many companies and providers to choose from, finding the exact fit for a particular set of needs could take quite a lot of time. With the use of the Internet and an online search, the ability to compare brokers and all their services is made both simple and easy.
By browsing each of the company's websites for exactly what they offer, depending on the type of insurance needed, a comparison can be made between them very quickly. Many websites not only list their own rates and services, but comparable rates from other companies as well. These websites make the search for insurance even easier by putting multiple choices in a single place.
Single Member LLC - Piercing The Protective Shield
Why do people form business entities for their small business? The answer is very simple. While they believe in their business idea, they want to protect themselves from any debts or Lawsuits should the business have problems. For those forming an LLC with only one owner, this shield is often easily penetrated with disastrous results.
The limited liability company, better known as the LLC, is a unique business entity choice. It is actually very new to the United States. Wyoming “imported” it from Europe in the late 1970s. It didn't catch on in the other states until an IRS ruling in the late 1980s determined it could be taxed as a partnership in some ways. This appeared to make it a good choice for small businesses. Over the next 20 years, the LLC has slowly become an accepted business entity choice and Law has been developed around it.
One set of Law that has been developed is the idea of lifting the corporate veil. This is taken directly from corporate Law, which has been around for hundreds of years. The idea is that the protective shield will be lifted and expose the owners to personal liability if the corporate entity is determined to be a sham by the court.
So, how does the court come to this determination? Well, there are many factors that are looked at. One area that is key is whether corporate formalities are followed. Corporate formalities refer to the documented running of the business entity. Put in English, this means you need to have documentation in the LLC corporate book showing that membership interests were issued, individuals were elected to certain position and an operating agreement was agreed upon.
This is not a problem in a single member LLC formed by an attorney. He or she will create the paperwork part and parcel to the formation. If you paid a non-attorney [online service], it can be because you usually receive a bunch of blank forms or a CD that you are supposed to fill out. This results in two problems. First, almost nobody fills out the forms! Second, the forms are rarely designed for a single member LLC, which is where the trouble really starts.
Let's say you decide to start a business and order an LLC from an online site. You get the LLC a few weeks later and start conducting business. A few years later, you get sued. You are asked in a deposition if you used an attorney or online site to form the LLC. You answer honestly about using an online site. The suing party amends their complaint to include a claim that the corporate shield should be set aside and you should be personally responsible for the debt. You are then compelled to turn over the corporate book. What is found in it? A bunch of blank forms. Even worse, the forms are designed for an LLC owned by two or more people.
In this scenario, you've failed the corporate formality test. There is a very good chance the court will find the business entity to simply be a sham. That means you will be held personally liable for the debts incurred in the Lawsuit.
Richard Chapo is with SanDiegoBusinessLawFirm.com and writes about the <a href=”http://www.sandiegobusinessLawfirm.com/limited-liability-company/Single-Member-LLC-Time-Bomb”>single member LLC time bomb being experienced by many businesses and how to fix it.