You may not realize, but the way your business is structured could
be putting your assets at risk. Each type of business entity offers different asset
protection. Do you have the right one for your needs?
Here is a quick rundown:
- Corporation: While corporate principals have no personal liability for corporate
debts, claims, or lawsuits, there is an important exemption. If you
perform a service on behalf of a doctor, attorney, accountant, or
financial professional, you may be held liable for damages.
- General Partnership: If you are a co-partner, you are responsible
for all partnership acts and debts. This greatly exposes your own assets
to the risk of a claim.
- Limited Partnership (LP): If you are a limited
partner, you are not personally liable for the partnership’s obligations
and debts beyond what you contribute to the partnership. However, this
means you can not assume an active role in management or you lose your
protection.
- Limited Liability Company (LLC): Generally, state law essentially separates the
liability of the owners of an LLC
from their personal assets. While an LLC won’t protect you personally from
liability should a malpractice lawsuit be filed, it will shelter you from
the financial obligations of your company.
The bottom line is that you should consult with
an asset protection expert to determine which
business entity is right for you and which other measures you should take for
complete asset protection.
What You Can Protect Under a Business Entity
Now the question is, what types of asset protection are allowed
under a proper business entity?
Before we answer that question, you must first remember to always
separate your business assets from your personal ones. If you don’t, your
personal assets become vulnerable for the taking.
However, if done legally and correctly, your asset protection can
extend to the following items:
- Real
estate
- Property
titles
- Tangible
goods
- Trust
payments
- Stocks
and bonds (and dividends)
- Deposit
accounts and future income
- Retirement
accounts
How Can Advice from Legally Mine Protect Assets?
Here are a few other pieces of advice to protect assets:
- Own
each piece of valuable business equipment in a separate title holding
trust. This allows you privacy of ownership and keeps the public from
seeing your business assets.
- Record a lien against each piece of valuable business equipment or real estate.
This strips the equity out of it.
- Perhaps
most importantly, complete your asset protection plan well before
any threat of claim or lawsuit arises. Otherwise, it may be invalid or
even judged as illegal.
Legally Mine protects assets by helping you structure your
business and your wealth in a way that legally keeps it out of the hands of
those looking to take it. By following Legally Mine’s advice, you’ll gain
maximum protection and be able to pass your assets down for generations to
come.
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