Jim Rea is (IOM) right on target with his analysis of the protections offered
by limited liability, whether as a limited-liability organization per se or
as a corporation. There's a catch, of course -- to which he also alluded in
passing. That's the "personal guarantee" to which he referred.
That's just what creditors will call for in virtually any case. There's the
possibility, of course, that a vendor/supplier, accustomed to waiting -- say
-- 30 days or so for payment won't make any such request. Then, if the order
was clearly by the limited-liability entity, employees of such an entity are
not liable. Only the entity or corporation is liable. But you might
reasonably expect such a state to be disputed.
A court might be told, for example, that you acted deceptively in holding
that your purchase was actually by the corporation when it really was for
personal goods of no inherent interest to a business. There are surely
dozens of other claims that could be made -- leaving it up to the court to
determine their validity. Or yours.
Q.E.D., it's substantially less simple than it seems on the surface.
In passing, you might find it somewhat interesting that the same individuals
who find the creation of this "artificial person" is important seem often to
be the individuals who weep at that "artificial person" being expected to pay
his own taxes. "Oh, NO," they say. "That's actually MY money they're
taxing. They're taxing me twice -- once as myself and once as my
rporation."
And they can't see the oxymoronic nature of their position. Ah, well...
--ed
ed.nelson@syslink.mcs.com
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