Most people form a limited liability company (“LLC”) to protect their personal assets from business debts and lawsuits. In most cases, an LLC does exactly that.

            However, if you fail to treat your LLC as a separate business, a court may decide to “pierce the LLC veil.” That means the court can hold you personally responsible for the LLC’s debts or legal obligations. Although this remedy is rare, courts may use it when an LLC owner abuses the protection the law provides.

What Does “Piercing the LLC Veil” Mean?

            Normally, an LLC creates a legal separation between you and your business. If someone sues the LLC or the business cannot pay its debts, your personal assets generally remain protected.

            If a court pierces the LLC veil, that protection disappears. Instead of looking only to the LLC’s assets, the court may allow a creditor to pursue your personal assets to satisfy the LLC’s obligations. Courts reserve this remedy for exceptional situations, but they may apply it when an owner fails to treat the LLC as a separate legal entity.

What Can Put Your LLC at Risk?

            An LLC owner increases the risk of personal liability by:

Courts look at the overall circumstances rather than focusing on a single mistake. One oversight alone usually will not cause a court to pierce the LLC veil. However, repeated failures to separate personal and business affairs can make it much easier for a creditor to argue that the LLC was never operated as a truly separate business.

How to Protect Your LLC

            Forming an LLC is only the beginning. To preserve its liability protection, you must consistently operate it as a separate legal entity. Keep your personal and business finances separate, conduct business in the LLC’s name, follow your Operating Agreement, and maintain the records and filings required by your state.

            Think of your LLC as its own person. It should have its own bank account, its own financial records, and its own business transactions. The more clearly you separate yourself from the LLC, the stronger your liability protection will be.

            The small amount of time it takes to follow these practices can save you significant time, expense, and legal exposure if your business is ever involved in a lawsuit or creditor claim.

The Bottom Line

            An LLC offers valuable protection, but it’s not automatic. Courts expect business owners to respect the LLC as a separate legal entity. When owners ignore that separation or misuse the LLC, they risk personal liability.

            Working with an experienced attorney can help ensure your LLC is properly formed, maintained, and integrated into your overall business and estate plan.

If you are interested in learning more about options to protect you and your loved ones, please call us to schedule an appointment. (410) 988-3973. www.TheCoxLawGroup.com
We look forward to working with you!

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This blog post is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult an attorney licensed in your jurisdiction.