Monday, November 16, 2009

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY-TYPES OF PROTECTION

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

TYPES OF PROTECTION AND THE IMPORTANCE OF YOUR NEVADA BUSINESS LAWYER

Limited Liability Companies (LLC) (continued)

Although significantly advantageous, LLCs still retain shortfalls. First, there is no statutory requirement in Nevada for an operating agreement, which could lead to significant issues among members. Second, investors may be more comfortable investing in a corporation over an LLC, making accrual of financial capital difficult. Third, some creditors may require members of an upstart LLC to personally guarantee the LLC’s loans making them personally liable for the LLC’s debt. Finally, it may be difficult for others to determine who actually has the authority within an LLC to enter into a binding contract given the varied titles of LLC principles (i.e. managers, members, managing members, managing director, chief executive officer, partner, and president).


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