Legal Question in Business Law in New York
Am I required to own an LLC or can I create a clause in my ToS?
Basically, as a starting business, I
do not wish to purchase a full-
fledged LLC license. However, I do
wish to protect my assets in case
any issue does seem to arise that
puts my ''earnings'' or ''worth'' in
jeopardy.
Would it be acceptable to include a
clause/section/paragraph in my
Terms of Service saying something
along the lines of:
''Any dispute that arises shall be
dealt in the state of [lack of a
better word] doing business'' and
then ''All claims must be withdrawn
from business account only, and
any personal affiliation with the
business is meaningless.''
You see what I am getting at?
If it is acceptable to include this
type of a clause, can you please
clarify what I should write, as you
can see the above sentences are
very amauturish.
2 Answers from Attorneys
Re: Am I required to own an LLC or can I create a clause in my ToS?
Adding language to your TOS will not protect you. You will need an LLC or corporation to accomplish that.
Re: Am I required to own an LLC or can I create a clause in my ToS?
You must be an LLC or Corporation in order to shield yourself from personal liability. There is no other way of doing so.
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