Saturday, November 29, 2008
I own "NOTHING" I just have 100% control over what I manage. "Greed is Good"
Both corporations and limited liability companies are considered to "stand apart" from their investors for legal purposes. In essence, both entities are considered to be "persons" under the law. This legal fiction is, of course, what gives rise to the asset protection element of both entities. Unfortunately, many small businesses don't understand this distinction and lose the asset protection when the most need it.
To maintain the asset protection benefits of a business entity, you must treat it as an independent party. For instance, you do not "own" a corporation. Such statements can come back to haunt you when a plaintiff's attorney presents them in court while arguing the entity is a sham. To avoid this problem, you can simply say you are the President of the business entity or whatever position you hold.