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Can personal assets be lost in an LLC?

Can personal assets be lost in an LLC?

In general, the personal assets of the owners of a limited liability company (LLC) are protected from the debts and liabilities of the LLC. This is known as limited liability protection.

Under the structure of an LLC, the company itself is a separate legal entity from its owners, who are known as members. As a separate entity, the LLC is responsible for its own debts and liabilities. This means that if the LLC incurs debts or is sued and a judgment is entered against it, the creditors or plaintiffs cannot go after the personal assets of the members to satisfy the judgment.

There are, however, some situations in which a member’s personal assets may be at risk. For example, if a member personally guarantees a debt of the LLC, they may be held personally liable for that debt. Additionally, if a member engages in fraud or other illegal activities on behalf of the LLC, they may be held personally liable for those actions. Finally, if the LLC does not follow proper formalities, such as keeping the business and personal finances separate, a court may “pierce the corporate veil” and hold the members personally liable for the LLC’s debts.

It is important for LLC members to understand the extent of their personal liability and to take steps to protect their personal assets. This may include maintaining proper corporate formalities, avoiding personal guarantees of company debts, and obtaining appropriate insurance coverage.

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