Don't Let Your Corporate Creditors Pierce
the
Corporate Veil To Get At Your Personal
Assets |
Larry and his wife Maria sat in my
office both in tears. How could this happen they
asked? We said he filed the document with the
Secretary of State when he created the
corporation. One week earlier, the sheriff
knocked on their front door and served them with an
eviction notice. Their home that they had bought 10
years earlier was no longer
theirs.
Larry
purchased a franchise restaurant and entered into a lease
agreement to rent space in the local mall. It looked
so easy because this franchise was key ready. The
franchiser recommended that he set up a corporation to
protect his personal assets. Sounded like a good idea
so he tried to do some research.
Larry
talked to an attorney who quoted him a figure of $2,000
to set up his corporation. He
didn't know how he could afford this plus all of the
franchise fees. They talked it over and decided this
was too expensive. Why did attorneys have to charge
so much.
They
found a company online that would only charge small fee
plus the state filing fee but they were not sure about
this. A co-worker of Maria told about her husband
going to the secretary of states office to do it
himself. He filed a document and he had a
corporation. This is what Larry
did.
The
business didn't do so well and after nine months,
Larry facing mounting bills was forced to close the
doors. They had used all of their savings and
that still wasn't enough. Bankruptcy was not an
option because of one prior 5 years
ago.
The
lawsuits started and Larry was named as a defendant along
with the corporation. The corporation did not have
any assets so guess who they were coming
after.
There
was nothing I could do to help Larry and Maria. Larry had
no corporate record, initial organizational records or
ongoing minutes. He had also signed the lease and other
loans without designating himself as an officer of the
company.
Don't Make This Same Mistake And Risk
All That You Have Worked For |
ALL of the clients I see that have
incorporated did so to protect themselves from personal
liability.
A properly formed and
run corporation will shield your personal assets, give you a
corporate veil of protection.
To keep this "Corporate
Veil" of protection, the corporate formalities must be followed
and these formalities are split into two categories.
Money and Paper.
Within these two
categories, there are eight total factors in each
MONEY
For the financial category there are three factors that must be
met.
- Adequate Capitalization -
Click
Here
to Learn More
- Don't co-mingle personal and corporate
funds - Click Here to Learn
More
- Maintain the proper insurance for your
company and industry
PAPER
You also need to maintain the
correct paper trail.
- Proper Initial Corporate
Records -
Click
Here to Learn How to Set Up Your Corporation and the
Initial Corporate Records
- Signing documents with correct Signature
Block - See How It Is
Done
- Actually issue Stock to yourself as an
owner either by certificate or stock
register
- Take Company Action
wearing the correct hat, Director or
Officer
- Proper On Going Corporate Records and
Minutes
More
about the last requirement of Proper On Going Corporate Records
and Minutes.
I am going to give
you three options and you MUST choose one of them. If you
fail to act, and are sued, you will most likely be personally
liable for any corporate debts
- You can hire a
small business attorney to update your records for
you. If it is me you hire, prepare to pay at least
$1,500 and quite possibly more depending on how many
years your have been remiss;
or
- You can spend hours
and hours of your valuable time researching both on the
internet and in a law library to determine what is
needed. Then you can spend the time creating the
forms and assembling the corporate record book;
or
-
You can
spend $297.00 and purchase Corporate
Veil Pro. Rob Northrup at Corporate
Veil Pro has done an outstanding job
creating a
clear, concise,
step-by-step system for small
entrepreneurial corporation
owners.
Corporate Veil
Pro is an
all in one product that will give you back your personal
liability protection.
The choice is
yours, 1, 2, or 3. I hope you choose No. 1 and show
up at my law office but if I were you, it would be the
best use of your time and money to go with number 3
and Corporate Veil
Pro.
Consider it
the Best Sleep Insurance
you ever
purchased.
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