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Asset Protection
Corporations, LLCs, and Limited Partnerships
Protect Yourself and
Your Family From Personal Liability: If you Own Rental Property
or a Business - have you considered Asset Protection to Limit
your Personal Liability?
What are the Possible Consequences of Being Personally Liable
for Business Debts and Obligations?
Personal liability can devastate
the accumulated riches of a lifetime of work. This form of liability
opens the individual to claims for a wide range of business obligations.
Most people realize that personal liability may extend to business
losses, but other obligations may also reach individuals, including:
damage awards in lawsuits;
tax deficiencies and penalties; and
back wages and benefit payments.
Example: John and Josie operate
an apartment building as sole proprietors. One of their tenant's
friends dives from the diving board into the pool and suffers
a serious spinal injury. The company's insurance and assets are
inadequate to cover the damages awarded in the personal injury
and loss of consortium suit, so the plaintiffs enforce their
judgment against John and Josie's personal assets.
The limited liability offered
by incorporation, or forming an LLC, shelters business owners
from personal liability. Some insurance can also help cover business
owners, directors, and officers. However, if an owner or director
performs certain personal acts, behaves illegally, or fails to
uphold statutory requirements for corporate or LLC status, he
or she may face personal liability despite the corporate or LLC
shelter.
- Article content derived
from FindLaw, a Thomson business
Services
and Fees for Business Entities
| I. |
CA
Registered Agent Services Only
(For Entities Formed in CA or Foreign Entities Registered
in CA |
$125.00
Annually |
| II. |
Formation
of Business
e.g. Incorporation, Drafting Bylaws, Shareholder Certificates,
etc., Filing annual reports, Compiling Corporate Record Book
,Etc. |
$850
- $3,000* per entity (variation due to State, number
of properties, etc.) |
| III. |
Annual
Maintenance*
e.g. filing your annual reports, filing your annual franchise
tax payment, amending your Bylaws or Operating Agreement, updating
your records, Etc. |
$650.00
(and up) Annually (including 30 minutes personal consultation
time regarding your company)(or hourly rate of $150.00) |
* Record Keeping is essential
to maintain your asset protection. You should consider professional annual maintenance
services if any of the following have occurred since your entity's
start date:
You need to file your annual report or pay your
franchise tax;
You've had a registered agent or address change;
You've had a manager, director, or shareholder
change;
You need to prepare a consent to action or meeting
minutes to reflect a new lease or bank, a dividend payment, share
transfers, or a contribution to a profit sharing plan, to name
a few;
You have questions about changes in the law or
your compliance with the current law
Plan Your
Legacy, Preserve Your Wealth, & Protect Your Children
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