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Indemnification is a key protection for officers, directors and key employees, and the scope of an LLC's or corporation's indemnity provisions demands close attention. In an LLC, indemnification is completely discretionary and the scope of indemnification, if any, can be defined in the LLC's Operating Agreement.
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 - The company has its own legal entity so the liability of members or shareholders is limited and generally they will not be personally liable for the debts of the company.
Many LLC Acts have a provision dealing with indemnification. Some have a general statement that an LLC must indemnify members or managers for liabilities they incurred in the ordinary course of the business of the company.
Again, most people own their LLCs outright (or with partners) and are Member-Managed, so Managing Member is the most common, and the most appropriate LLC title to use for most people. On the other hand, there are times when not all LLC owners want to manage a company.
Limited liability is a form of legal protection for shareholders and owners that prevents individuals from being held personally responsible for their company's debts or financial losses.
By forming an LLC, only the LLC is liable for the debts and liabilities incurred by the businessnot the owners or managers. However, the limited liability provided by an LLC is not perfect and, in some cases, depends on what state your LLC is in. 4) the LLC's liability for other members' personal debts.
For investment companies like mutual funds, corporate indemnification of a director is not permitted under Section 17(h) of the Investment Company Act of 1940 (1940 Act) for willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his sic officeso called
Under all LLC statutes, the general rule is that the members of the LLC are not personally liable for obligations of the LLC, subject to such exceptions as personal guarantees or piercing of the organizational veil.
The main reason people form LLCs is to avoid personal liability for the debts of a business they own or are involved in. By forming an LLC, only the LLC is liable for the debts and liabilities incurred by the businessnot the owners or managers.