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An LLC is a separate entity from its owners or member, therefore, the LLC will be liable in a lawsuit rather than the owners or members. However, an LLC structure will not necessarily protect you from tort or negligence.
The eponymous characteristic of the limited liability company (LLC) is that the LLC, as a separate legal entity, is liable for its obligations to others and that no other person, whether as owner or agent, is vicariously liable for those same obligations.
Limited liability companies (LLCs) are common ways for real estate owners and developers to hold title to property. Their popularity is due, in part, to the fact that LLCs limit members' personal liability. In other words, only an LLC member's equity investment is usually at risk, not his or her personal assets.
LLC members and managers are generally not liable for the LLC's debts and other liabilities. However, California Corporations Code Section 17703.04 establishes specific instances in which members or managers may be held personally liable for company debts and other liabilities.
An LLC Corporate Resolution Form is a document that describes the management and decision-making processes of the LLC. While LLCs are generally not required to draft a resolution form, it is highly beneficial and important for all businesses to draft corporate resolutions.
This decision and others like it reinforce what Colorado case law in the corporate and limited partnership arena makes clear and demonstrate how Colorado courts will likely rule: majority or controlling members of LLCs owe a fiduciary duty to minority members.
Unfortunately, many LLCs form without drafting any sort of contracts about the rights and duties of the parties. In those cases, members in an LLC can only sue one another if they can prove that they have been personally harmed apart from the other members or the business.
Get Good Liability Insurance Your LLC should carry liability insurance that covers both the LLC and its owners. If someone sues your LLC, a judgment against the LLC could bankrupt your business or deprive it of its assets.
Under most circumstances, members of a limited liability company, or LLC, are protected against being personally named in a lawsuit against the business entity, but that is not always the case.
3. Negligence. A common question that many people have is, Can I sue my business partner for negligence? The short answer to this question is yes.