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You’ve vested your property in a properly formed LLC, so you no longer need to worry about it, right? Wrong! It is important that you don’t continue operating in the same way as when you were personally the titled owner. In spite of the low cost and simplicity of forming and operating your LLC, you can’t ignore the fact that your LLC owns the property.
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For corporations, failure to operate the corporation in accordance with the bylaws and statutes can result in a plaintiff’s lawyer being able to “pierce the corporate veil”, meaning loss of liability protection for those in control of the corporation.
You will probably hear the same words in court if, during discovery, the plaintiff’s attorney found that you didn’t properly form and operate your LLC. And, it might result in a judgment against you personally, just as if you’d never vested your property in the LLC.
It is very important that one operate individual LLCs as separate independent entities, separate from one another and separate from the owner. Issues that can reduce the protection potentially afforded by LLCs include the following:
>> Paying for personal expenses from a LLC checking account.
>> Failure to maintain utility, vendor, and other accounts in the name of the LLC.
>> Failure to file a fictitious name statement if you want to do business under a name other than that of the LLC.
>> Failure to properly document changes in ownership or management of the LLC.
>> Failure to use LLC-specific letterheads, envelopes, tenant notices, etc.
>> Failure to file LLC tax returns.
>> Failure to execute documents on behalf of the LLC.
You may have noticed that some of the items on the list are similar to others. Properly operating each LLC as the separate entity that it is will save you countless hours of worry and time in the event of a lawsuit.
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