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The owners of an LLC are called Members. An LLC can be managed by a Manager or its Members. A key aspect of an LLC lies within the name itself: limited liability. In essence, the Members of an LLC are not liable for the debts, obligations, and actions of the company itself.
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.
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
If the LLC is found liable for the wrongdoing or negligence of the employee or owner, the LLC's money can be taken in a judgment against the company. However, the owners won't be personally liable for the debt.
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.
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.
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.
Every Virginia 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.
Members. State laws generally permit LLC members to bind LLCs to legal contracts. Members may choose to actively manage their LLCs, performing all tasks necessary for business operations.
The owners of an LLC are called Members. An LLC can be managed by a Manager or its Members. A key aspect of an LLC lies within the name itself: limited liability. In essence, the Members of an LLC are not liable for the debts, obligations, and actions of the company itself.