Legal Question in Business Law in Texas
Limited Liability Company-
I want to start a LLC parent holding company for my smaller business entities. My purpose in initiating the LLC is primarily for liability. I keep reading attorney responses as following "your personal assets should be safe, if your company has been run and set up right" What is run and set up right? I've been reading various websites about LLC's and there really isn't anything that necessarily states how to establish an LLC correctly, but merely to file with the SOS and have Operating agreements. Is it the operating agreement that is the foundation to a 'run right' LLC?
1 Answer from Attorneys
This is a good question. What you are talking about is deals more with what can be defined as corporate governance or how you run your LLC versus how you set it up. If you company is sued, people may try to come after your assets personally. The LLC generally shields that; however many savy attorneys will look to see if you have an operating agreement, do you commingle accounts, is the LLC under capitalized, do you pay your personal bills directly from the LLC accounts, do you have meeting minutes, is your personal property used in business related duties. If your LLC is not set up to run correctly then they may be able to do what we call "pierce the corporate veil" and have you personally liable.
Setting a company up under the Secretary of State is only half of what you need to do. Making sure you run it like a separate entity is the other half. It is good to have an attorney sit down and discuss in detail what you need to be doing for your personal business. Generally the attorney can draft up a game plan as to how to run your business and sample documents that will also help you. Having an accountant is also essential.
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