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This means that the company is a legal entity itself and, therefore, it can: Sue and be sued. Own property. Take out loans.
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.
A Wisconsin LLC operating agreement is a legal document that forms an organization/company that is member-managed by its contributing members. The document is designed to assist the members in outlining the many aspects of the entity, including the degree of ownership and the duties and responsibilities of all members.
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.
Every Wisconsin LLC owner should have an operating agreement in place to protect the operations of their business. While not legally required by the state, having an operating agreement will set clear rules and expectations for your LLC while establishing your credibility as a legal entity.
This information can generally be found on your Secretary of State website. Tip: It is unwise to operate without an operating agreement even though most states do not require a written document. Regardless of your state's law, think twice before opting out of this provision.
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.
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.
To dissolve your LLC in Wisconsin, submit Wisconsin Form 510, Articles of Dissolution to the Department of Financial Institutions: Division of Corporate and Consumer Services (DFI) in person or by mail or commercial delivery. Use of the DFI form is not mandatory; you may draft your own articles of dissolution.
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.