How to Limit Personal Liability?

Elliott Stapleton Common Questions

Forming an Ohio LLC or Corporation: Why is it necessary? from Elliott Stapleton on Vimeo.

A business owner who forms an LLC or corporation has limited personal liability in the business. This means that if someone were to sue the business, the individual suing could only recover against the business assets, not the owner’s personal assets. This is the primary reason why forming an LLC or incorporating a business is recommended.

If you have not formally designated your business type, you are by default a sole proprietorship (if there is only one owner) or a partnership (if there is more than one owner). Businesses that are partnerships or sole proprietorships do not have this limited liability regarding the business owner’s personal assets.

If there is a partnership, all partners are liable for the actions of each partner. Further, each partner can bind the company by his or her actions. This creates a significant amount of risk for each owner of the partnership.

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About the Author

Elliott Stapleton

Elliott is a partner in the firm of Cornetet, Meyer, Rush and Stapleton serving clients throughout Ohio. Elliott's business clients range from small single member companies to large privately-held businesses. CMRS Law provides legal services which include advice on Business Formation and Transactions, Real Estate Transactions, Trademark Law, Copyright Law, Estate Planning, Trust Administration, Probate Administration, and Succession Planning. CMRS Law serves clients at two locations: 123 Boggs Lane, 1st Floor, Cincinnati, Ohio 45246 and 2101 Grandin Road, Suite A, Cincinnati, OH 45208