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then ''All claims must be withdrawn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.


Asked on 2/20/09, 10:43 pm

2 Answers from Attorneys

Steve Brodsky Esq. CheapNewYorkLLC.com

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.

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Answered on 2/22/09, 2:08 pm
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

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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Answered on 2/20/09, 10:47 pm


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