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What’s “Limited” in a Limited Liability Company and Other LLC Questions Answered

moneyMaybe it’s the business protection version of “How much does a pound of feathers weigh?” The clients asked, “If a limited liability company is a great way to protect assets, then why is it limited?”

Great question. Read more

Why Your LLC Needs a Tax Return – Especially if it’s Husband-and-Wife-Owned

Tax return

A number of CPAs still resist filing a separate partnership return for husband-and wife-owned LLCs. We recommend doing the separate return, for both IRS reasons and liability-shield reasons under Georgia law. Here’s more detail about why. Read more

Shielding Personal Assets from Business Risks

blank business card

A proprietorship is the business equivalent of nothing. A vacuum. You’re a proprietorship if you never bothered to incorporate or LLC your business. So proprietorships are the cheesecloth of business entities: everything passes through a proprietorship to its owner — including creditors.

On the asset protection scale of what works, a proprietorship is a zero.

So why would someone want to be in a business as a proprietorship?  Well, it’s seductively easy, a real do-it-yourselfer. Pick a name for your business.  Print up some business cards and stationery showing the name.  Get a website. Voilà. You’re now a proprietorship.  But big deal. Read more

Fox+Mattson Featured in 2011-2012 LLC Handbook

Fox+Mattson, P.C. has again provided the Georgia model LLC documents for the 2011-2012 edition of the “Limited Liability Company Handbook” published by West Thomson Reuters as part of their Securities Law Handbook Series. The Handbook is edited by Mark A. Sargent, Dean of the Villanova University School of Law, and Walter D. Schwidetzky,  Professor at the University of Baltimore School of Law.

Asset Protection ABC’s

Lawsuits are filed for all sorts of reasons. (For some really bad reasons, check out www.StellaAwards.com, which is named for the woman who sued McDonalds over that hot coffee.) Unexpected things also happen, and sometimes they lead to suits. And people in affluent areas are easy targets to blame . . . and sue. So how do you hedge the bet? I can wait, right? Won’t my liability insurance protect me?

Maybe. It’s great to have coverage, so the insurance company’s lawyers come in to handle when you’re sued and the insurance can cover any damages.

But what if you’re sued for something which isn’t a covered risk? Read more