Legal Question in Business Law in New York

Is LLC liablity protection international?

I have a client who is a real estate agent. She is looking to become an LLC for liability reasons. She also conducts business in other countries. Would her personal assets be protected internationaly if she became an LLC?


Asked on 3/27/06, 10:56 am

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Is LLC liablity protection international?

The Limited Liability Company provides broad protection to members from personal liability for commercial obligations incurred by the Company; quite similar to the protection afforded shareholdres for corporate obligations.

If litigation arose in a forum other than New York and the LLC was not recognized, it is possible that the protection would not be afforded.

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Answered on 3/27/06, 11:19 am
William Frenkel Frenkel Sukhman LLP

Re: Is LLC liablity protection international?

There are certain countries in which the U.S. LLC form is not fully recognized and that may disregard it in imposing liability on the individual member or different tax outcoome. This is one of the reasons firms in certain industries doing business globally normally chose the corporate form. However, as a practical matter, your client is unlikely to be sued in those countries where her LLC or she does not have assets and there is little in the way of international enforcement of court judgments. Bottom line is that a corporate attorney should review where your client has business operations, risks involved in each country and where your client has personal or company assets. There are various methods for asset protection but it is normally done on a country-by-country analysis due to differences in applicable laws.

The above response is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 3/27/06, 11:43 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Is LLC liablity protection international?

My background is in Corporate law and securities, on the international level. Generally your potential liability would be limited only to those Countries in which you're conducting business.

If the intention in this instance is to purchase and hold rel property abroad the potentiality for claims is inherently diffrent than most other circumstances.

I would recommend a normal incorporation as a better choice for a business entering into such a market. There are also several financial benefits to a general corporation on the international in that you could perhaps list your stocks more readily on foreign exchanges, and or develop a stonger financial basis much more quickly.

I would be more than happy to go over some of these issues with you.. feel free to contact me regarding this matter.

Carlos Gonzalez, Esq.

7185419077

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Answered on 3/27/06, 1:04 pm


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