Log In

Will incorporating protect me legally?

incorporating-protection-bhc1

My partner wants us to incorporate so we can’t be sued personally. But I heard that even if you are incorporated as a small business you are still liable for the actions of your employees, etc. So what gives?

Fearful in Phoenix

I’m not a lawyer, Fearful, and can’t give legal advice. But it is common knowledge that your partner is very mistaken. First, technically you can be sued for anything! No business structure can protect you from frivolous lawsuits. However, I believe what you are talking about above is called “piercing the corporate veil”. It is quite easy to do in a closely held corporation like most of us run. In a big lawsuit with whopping damages they can (and will) attack your personal assets.

What does this mean? One word. Insurance. Do NOT depend on any type of corporation to provide liability protection. Remember, the above was NOT legal advice. Just some a friendly chat about business! :)

Steve

P.S. Remember, I’m not slamming incorporation here. We were incorporated and it worked very well for us re: tax savings and accounting practices. But view the “liability protection” of incorporation as a bonus, not a substitute for good liability insurance.

  • Twitter
  • Facebook
  • Google Buzz
  • LinkedIn
  • Digg
  • NewsVine
  • StumbleUpon
  • Delicious
  • Share/Bookmark

If you liked this topic, don't miss:

This post was written by:

Steve Toburen - who has written 248 posts on Jon-Don's Strategies for Success.

Director of Training for Jon-Don’s Partners for Success™ program, Steve spent over twenty years “down in the trenches” as the owner of one of the most successful cleaning and restoration firms in the country.

Contact the author

Submit your comment

To post your reply please login or enter the requested information below. To avoid spam, we moderate all first replies so please give us a day to approve it. Thanks for your patience, you'll only have to wait once...

Photos on flickr

Rss Feed Facebook button Flickr button Youtube button