LLC
Milwaukee, WI
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Posted about 1 year ago in Limited Liability Company (LLC)
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I recently opened an LLC and I am now getting married. My fiance is worried if someone should try to sue the LLC (it's a fitness club) that they could come after our personal property.
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Answers (3)Joel Richard Beck
This attorney is licensed in Georgia.
Posted about 1 year ago.
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One of the reasons that business folks operate their business through an LLC or a corporation is to avoid personal liability. Generally, you are able to shield yourself from personal liability if you operate the business properly, meaning that you keep it separate from yourself, keep separate accounts, don't commingle the funds, make your required filings with the state corporations division or secretary of state, and observe any required "formalities" in your state for your type of business. And, of course, you want the contracts that the business enters into to be between the business and the other party, and not you, individually. Some items, such as fraud and other willful misconduct may work to "pierce the corporate veil" and allow folks to come after you personally. In operating your business, you should have a relationship with both a local lawyer and a CPA to discuss issues like this with, and to ensure that you are protecting yourself.
This information is for general advice only. For specific legal advice relating to your situation, consult a licensed attorney in your state. Tajara Dommershausen
This attorney is licensed in Wisconsin.
Posted about 1 year ago.
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Anytime a business and marriage is involved you should consult a local attorney for both business and marital advice. Your finance could limit her liablity with a pre-marital agreement. It is much better to deal with these issues before marriage and before being sued than if something bad happens later.
Sean M. Sweeney
This attorney is licensed in Wisconsin.
Posted 12 months ago.
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I think the other answers touched on the right issues. If you have properly set up and maintained your LLC you should not have any worries, as the point of an LLC is to limit your liability. However, you have to make sure that anyone you deal with is aware that you are an LLC, and that they cannot sue you personally, or else they may be able to "pierce the corporate veil" and come after your personal assets. Other things to keep in mind are whether you have personally signed on to any contracts or loans. Some times banks and other vendors will not let you sign on as just the LLC, but require a personal guarantee. If you have given a personal guarantee, then you are going to be personally liable for those items.
Finally, because your business is open to the public, it is important to remember that although the LLC will protect you against any injury to patrons resulting from simple negligence, if the cause rises to the level of recklessness or intentional tort you may lose that protection. Good luck, and if you are concerned that you have not been following proper practices of keeping your business and personal finances separate or being clear about the type of entity you have with those you deal with, I would suggest contacting an attorney.
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