A Limited Liability Might Be Best For Your Property
Posted on Nov 18, 2014 11:50am PST
Property ownership comes with great risks and responsibilities. Especially when it deals with commercial property, a limited liability may be the best option to protect themselves from business debts incurred. A limited liability (LLC) means that the owners of the property have a limited personal liability for business debts that may be incurred.
In some business partnerships and transactions, their personal property may not be protected in the event that the business goes through bankruptcy, foreclosure, or a lawsuit. If any of these arise, their personal property may be at risk. In a limited liability, only the assets contained in the LLC would be affected. If a company owns multiple properties, it may be best to establish each of these locations as their own separate LLC to reduce liabilities. For example, if a company has two buildings under different LLC's, a person who sued for an accident occurring at one building would not be able to access the investments in the other property. If they are held under the same LLC, then all assets from the properties are fair game in a lawsuit.
Steps to Form a LLC
If a limited liability might be the best way to go with a commercial investment, there are some steps that must be taken to make this legal:
- Choose a business name that is not taken by another company in the state and be sure to end it with the LLC designator
- File the articles of organization with the states LLC filing office
- Develop an operating agreement to determine the rules for ownership and operation of the commercial property
- Obtain the license and permits necessary to begin doing business on that property
- Consult with a real estate attorney about retaining limited liability and how to keep this status as the business operates
Before determining whether or not to set property up as a LLC, check with the laws of your state and consult a real estate attorney. Making the decision to establish commercial property as limited liability can help prevent personal assets and other business holdings in a serious financial event.
Related News:
Posted on Nov 21, 2013
The government has the right to take any property necessary for public or private use when it is necessary to do so. This is called eminent domain. This power is limited by the Constitution, as well ...
Read More »
Posted on Feb 8, 2012
If you are satisfied with the neighborhood and location of your home, but want more space, remodeling may be the choice for you. There are many reasons to add-on to a home. Sometimes, an expanding ...
Read More »
Posted on May 17, 2016
If you are about to purchase your first home, you may be wondering, "Does the seller or the buyer pay for the home inspection?" Usually, it is the buyer who pays for the home inspection ...
Read More »