The next form is a “limited liability company.  An LLC is an entity separate from its owners, so ownership can involve one, two or more owners. As a separate entity, the LLC (not its owners) is responsible for the liabilities of the business.  If the business fails you may lose your investment, but your assets are not at risk. Corporations are the oldest form of business entity and as a result, people are generally at ease with a corporation.

Corporations provide the strongest protection against personal liability but may or may not have the same tax advantages of an LLC.   An “S-Corp.” is made for small business and can’t have more than 100 shareholders; however, it does feature pass-through tax treatment like an LLC.   A “C” corporation has a big disadvantage for start-ups; that is, that the income or loss of a C corporation only taxable to the corporation and does not pass through to shareholders.  Shareholders cannot use start-up or other losses to against income received by sources other than the corporation.  Neither an LLC nor a corporation is the best choice for all businesses.

The form of entity that is appropriate for your business will depend upon your situation.   One would be well advised to seek counsel before starting up a company because the tax and legal ramifications of the choice are significant.

I told him that a marital property agreement opting out of certain provisions of the marital property laws would limit (as much as possible) the ability of his Step-Daughter/Wife’s soon to be creditor’s ability to reach his assets or income in order to satisfy the debts incurred through the pending “loan workout.” Most importantly I said, any such agreement is not binding on the creditor unless the creditor has actual notice and a copy of the agreement before the credit was extended; otherwise any protection he might have had was now gone. He took my advice and we’ll have to see how things shake out for him.

Protecting your personal or business assets as much as possible is important in today’s world and should be explored a little planning now can save a lot of money later. Contact The Fernandes Law Firm with any questions you may have.