LLC Liability Limits: Everything You Need to Know
LLC liability limits help to protect you as a business owner from the debts of your LLC. 4 min read
2. Advantages of LLC Liability Limits
3. Disadvantages of LLC Liability Limits
4. Frequently Asked Questions About LLC Liability Limits
5. What ways are available to become a member of an LLC?
6. How are shareholders compensated in an LLC?
What are LLC Liability Limits?
LLC liability limits help to protect you as a business owner from the debts of your LLC. Since LLCs operate as separate legal entities from their owners, creditors for the LLC can only go after company assets, not the owner's personal assets. Additionally, LLCs are pass-through entities, where its owners report profits and losses for the LLC on their personal tax returns.
Advantages of LLC Liability Limits
1. LLCs require less paperwork than corporations.
2. Owners don't have personal liability for LLC debts.
3. If the LLC can't pay a creditor, they can't come after a member's home or personal property.
Disadvantages of LLC Liability Limits
This liability protection does not apply if a member injures someone, guarantees a bank loan, fails to deposit payroll taxes, does not keep personal affairs separate from the LLC's operations, or does something fraudulent.
Frequently Asked Questions About LLC Liability Limits
Is an LLC like a corporation?
While many people think that an LLC is a corporation because of how it is spelled, it is not a corporation. However, LLCs offer similar protections in terms of limiting your liability and protecting your personal assets from the company's operations.
If there are limits to the liability that an LLC provides, is there another way to protect myself?
LLCs and other forms of business may limit your liability, but there are limits on your liability limits. You can get liability insurance, which will help cover your costs if you are held personally liable.
Who is covered under my liability insurance policy?
If you have a liability insurance policy, you as an individual are covered by it. Your LLC can also be covered by it as well depending on the policy. However, your LLC must pay its bills to stay covered. Your liability insurance will not cover any unpaid debts that you are still responsible for.
Since LLCs provide similar protections as corporations, do they also count as a separate entity?
When it comes to taxes, LLCs are not considered separate entities. The IRS counts them as pass-through entities. The LLC does not pay taxes, and the funds pass along to the shareholders. The shareholders claim their portion of the LLC's earnings on their personal income taxes. The LLC must file the Form 1065 so that the shareholders can file their taxes.
In an LLC, what is the role of the owners?
LLCs can have wildly different structures, but the owners are often the ones that manage the operations of the LLC. The ownership and management duties are often divided equally among the owners. In this case, the members manage the operations. You can also have a form where you can designate someone to manage operations. Even the owners may not have to do anything for the LLC to function, but they still share the company's profits.
When there are specified managers that run the LLC, only those managers get a say in how the LLC is run. Those managers serve as the LLC's agents as well when dealing with government agencies and other groups. For the most part, having a specified manager for your LLC is a good idea. However, it may increase the complexity of your operations based on the paperwork and regulations that you will have to work through to facilitate it.
What ways are available to become a member of an LLC?
Most cases involve buying into an LLC using property, assets, or money. However, you can become a member of an LLC simply by convincing the other members that you should be a member. They can vote you in without an investment on your part.
However, they could place stipulations on your joining, such as paying a buy-in fee at a later date. You will be legally required to meet those obligations, and LLCs often have the same regulations and privileges as creditors so that they can collect money from owed debts in the same way.
How are shareholders compensated in an LLC?
In an LLC, shareholders are compensated through distributions of the company's profits on a regular basis. The amount of each distribution is based the amount of profit available and several other factors. There is not a minimum or maximum amount of a distribution. However, state governments prohibit the payment of distributions that would take so much from the company that it would fail to pay its bills.
If you need help with LLC liability limits, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.