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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
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Experience:  Licensed Texas General Practice Attorney
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What liability if any would a single member LLC in north carolina

Resolved Question:

What liability if any would a single member LLC in north carolina be exposed to.?

would my personal assets be at risk if a law suit was filed against my single member LLC buisness here in North carolina?

I have a Home based interet sales firearms buisness operatingunder the LLC
Submitted: 5 years ago.
Category: Business Law
Expert:  RGMacEsq replied 5 years ago.
An LLC is a separate legal entity from yourself. As opposed to a sole proprietorship (which you are the business, and as such, all your assets would be at risk), an LLC is a separate entity, and only the assets of the LLC would be at risk for a judgment against the LLC.

Now that being said, you can still be sued for your own actions of negligence, as well as your actions that voluntarily invite liability upon yourself. For instance, if you get into an accident while working in the course and scope of your employment, the LLC can be sued as well as you. But if an employee gets into an accident, only the LLC could be sued (and the employee, but not you personally). Or if you're signing a contract (such as a lease, loan, credit, etc...) you would probably have to co-sign individually or at least guarantee the loan, meaning that the lender / landlord / etc... can come after you personally (because of the co-signing / guarantee) as well as the LLC. Now if it is signed solely in the name of the LLC, then you personally would be exempt from liability.

An LLC is a fantastic liability limiting device, and I would highly recommend it over the alternative (a sole proprietorship). But it does not mean that you will be free from all sorts of risk. Anything that you do individually, even if it benefits the company, could still put risk on you.

Now to strictly answer your question, no, your personal assets would not be at risk if a lawsuit was filed against your LLC. But most of the time, lawsuits are filed against the LLC and you, individually.

As such, I would suggest business insurance and a personal umbrella policy that would be able to pay for any lawsuit against you personally, as well as the LLC.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!
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Expert:  RGMacEsq replied 5 years ago.

If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, XXXXX XXXXX good luck to you!

Expert:  RGMacEsq replied 5 years ago.
Did you have any other questions before you click "accept"?If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, and again, good luck to you!