What a single member LLC needs to do to protect owner's Personal assets in case of someone sue my business?

Asked over 4 years ago - Los Angeles, CA

1. Is the Single-member LLC operating agreement can help me to protect my own personal assets or I need to have something else?
2. I saw there are some sites like LLC expert to provide singles member operating agreement package, can I use that?
3. If I need to hire business lawyer, do you have any recommendation?
4. I have my own business account, what is the right way to distribute my earning to My Personal account? If I already did wrong for, what can I do if someone sues me now? I need to hire business lawyer only or need accountant also?

5. How suing party's lawyer or judge to check on my business or personal activities? All my tax return, bank account? What is the right way I should do to prevent any personal assets be take from them?

Appreciate for the answers!

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Forming an LLC, having an Operating Agreement (since your LLC may not always have only a single member), and hiring a good lawyer and good CPA to make sure your LLC follows the legal and accounting rules are the way to start.

    What you want to do is avoid letting any claimant "pierce" your corporate "veil" to get at your personal assets. Basically, you need to respect the distinct existence of the LLC, and keep all your personal business, contracts, emails and other correspondence, bank accounts, tax returns, etc. etc. separate from those if your LLC. If someone sues you and claims that your LLC is your "alter ego," they'd demand inspection of all your and your LLC's accounting and legal records, to see if you've adhered to the formalities. When possible you want to avoid personally guaranteeing any of the LLC's debts.

    There are other things you can do to protect yourself, such as getting business insurance, using well-drafted contracts for your clientele, vendors, etc., including proper disclaimers on your website, etc. etc.

    See the guides linked below.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Dana Howard Shultz

    Contributor Level 20

    Answered . I agree with my colleague. It appears that you already have been operating as a business, so you should retain a lawyer and an accountant right away.

    As regards protection against personal liability, please see the first link below (discusses corporations, but considerations are similar for LLCs).

    As regards using an online service to help you form your LLC, my opinion is stated at the second link below.

    Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,299 answers this week

3,209 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,299 answers this week

3,209 attorneys answering