How an LLC Can Help Shield Your Personal Assets

You are a freelance designer, and your client sued you over a trademark mistake. If you believe that your personal savings are safe, then you may be wrong. You are operating as a default sole proprietor. You and your business are the exact same person. As a result, your personal bank account, your car, and even your home are legally up for grabs.

However, if you start an LLC, you can build a legal shield between your business liabilities and your personal life. These days, you can easily form an LLC online.

How Does This Legal Shield Work

When you start an LLC, your business gets a distinct legal identity. Now, your LLC can open its own bank accounts, sign contracts, take out loans, buy equipment, and be held responsible for its own actions. You are not liable. This boundary between you and your business is called the “corporate veil.”

Visualizing the Separation

Inside the Shield (Business Assets)

Everything your company owns is included in this shield. If your business faces a debt collector or a lawsuit, only your business assets are at risk, such as:

• Money in the business bank account
• Inventory and raw materials
• Office equipment, computers, and company vehicles
• Business intellectual property

Outside the Shield (Your Personal Assets)

You don’t have to worry about your personal assets, such as:

• Your personal checking and savings accounts
• Your home and personal real estate
• Your family vehicles
• Your retirement funds (401k, IRA) and personal investments

What LLC Protection Covers

Business Debts and Contracts

When your LLC signs a commercial lease, hires a contractor, or buys inventory on credit, these are the obligations of the LLC. Your creditors will come after the assets of the LLC if your business can’t pay.

Lawsuits

If your business is sued over a contract dispute, faulty service, or an operational issue, lawsuits will be filed against your business. All your personal assets are safe.

What LLC Protection Does Not Cover

Personal Torts

The term “tort” refers to an act that causes harm or injury to someone else. The LLC shields you from the mistakes of your employees and general business liabilities. However, it never protects you from your own personal actions. For example, if you personally commit fraud, you can be sued personally.

Personal Guarantees

Vendors often hesitate to lend money to new, growing businesses. Such businesses don’t have long credit histories. Lenders often require you to sign a personal guarantee.

How Owners Accidentally Destroy Their Protection

The legal shield provided by forming an LLC only works when you run your business properly. The corporate veil can be pierced when a court decides that your LLC is not legitimate and strips away your protection in a lawsuit. This usually happens when you make one of the following three mistakes.

Commingling Funds

Many small business owners often mix their personal money with their business money. You are commingling funds when you use your business debit card to buy your personal groceries or you deposit a client’s payment directly into your personal checking account. The legal wall crumbles when you don’t treat your business and personal finances as completely separate.

Missing an Operating Agreement

An operating agreement is the legal document that outlines:

• How your LLC is run
• Who owns what percentage
• How profits are handled

If the creditor’s lawyer finds out that an operating agreement is missing, they may argue that your LLC is just a shell.

Falling Out of “Good Standing”

When you start an LLC, you must file annual reports and pay franchise taxes to keep it active. The state will place your business in “Administrative Dissolution” or bad standing if you miss any of these deadlines. You could lose your limited liability protection if you operate a business under an inactive or dissolved LLC.