Legal Question in Business Law in Pennsylvania

Personal and corporation suit?

Can individual owners of a corporation be personally and individually sued for matters that pertain to corporation business if the business is incorporated?


Asked on 8/18/07, 8:19 pm

2 Answers from Attorneys

Maxwell S. Kennerly The Beasley Firm

Re: Personal and corporation suit?

They certainly can be sued, though typically they would not be liable for negligent acts taken in service of the corporation.

Intentional acts are different - in Pennsylvania, corporate officers can be personally liable for intentional acts directed at others, even if taken for the benefit of the corporation. Officers usually avoid such liability through an indemnification agreement with the company, but that's not required by law.

Depending on your situation, you should speak either with a business attorney or a civil defense attorney.

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Answered on 8/20/07, 9:41 am
Eric Fikry Obermayer Rebmann Maxwell & Hippel LLP

Re: Personal and corporation suit?

Under certain circumstances, shareholders can be held personally liable for a corporation's liabilities. This is called "piercing the corporate veil." In general, there is a strong presumption against piercing the corporate veil under Pennsylvania law. The corporate form may be disregarded however, when the entity is used �to defeat public convenience, justify wrong, protect fraud, or defend crime.�

Whether a shareholder can be held liable is a fact-sensitive analysis, and should be evaluated on a case by case basis.

If you would like to discuss this further, please feel free to contact my office.

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Answered on 8/20/07, 4:55 pm


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