Legal Question in Business Law in Arizona

Home Business

I have a home business and have

professional liability insurance. My

question is whether I need to file an

LLC o protect my personal assets? My

accountant said that no one could

ever come after my home and cars -

there is a housing act that protects

that? Basically saying until I grow

larger that I would not need to form

an LLC? Is this true and if I do need

to form an LLC - what would you

recommend as an inexpensive and

easy way to do this? Do I need a

trade name AND an LLC? Please help

- I am the owner and only employee

of my business. I just want to make

sure that my family is protected.

Thanks


Asked on 4/03/09, 5:32 pm

2 Answers from Attorneys

Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: Home Business

The Arizona Homestead Exemption protects up to a certain amount of the equity in your home, but no more. You may want to form an LLC to protect your personal assets against liability. For instance, someone might sue your business/you personally for excess home equity and other assets, which are fair game if you and your business are the same "person". Forming an LLC creates a separate entity or "person" who owns the equipment, other assets and debt of the business only. In the event of a lawsuit against your LLC/business or an LLC/business bankruptcy, your LLC would normally be liable only up to the total assets held by the LLC which it uses to do business.

Fees to create a Limited Liability Company: 750.00. Includes Consultation, Preparation of Limited Liability Company Articles of Organization, Operating Agreement, LLC Resolution, Waiver of Notice and Minutes of Organizational Meeting; including EIN, expedited filing fee and 3 publishings.

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Answered on 4/03/09, 8:02 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: Home Business

An LLC is a good way to protect your personal wealth and limit liability arising out of your business activity. Liability insurance may not cover all the liability which may be attributed to your acts, so it is wise to form an LLC. A portion of your house equity is protected, but not the equity in your car, and if I had a judgment against you personally, I would go after your house and car to get paid. There are cheap ways to get the information to form a LLC, however, with legal counsel, you may file the forms but not properly organize the LLC, and thus, not get the protection against liability that you are after.

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Answered on 4/03/09, 5:54 pm


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