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Regardless of the type of b siness you conduct, there is a
s gnificant risk of being sued in our l tigious society.
Lawsuits can range from cl ims of negligence to defective
products to d sputes with employees. Incorporating is a
m ans of guarding against these potential thr ats. Single Incorporation - Protecting Your P rsonal Assets Incorporating your business is a m thod for creating a legal
wall b tween your personal assets and business. Any j dgment
against your business will not mpact your personal assets.
While your h me, savings, stocks, etc., are protected, wh t
happens to your business? If a j dgment is rendered against
your business, the b siness assets are as good as g ne. This
doesn’t have to be the c se. Double Incorporation Strategy - Protect Y ur Business Assets Many businesses can b nefit from pursuing a double
incorporation str tegy. The strategy is designed to ddress
the situation where a business has s gnificant assets that
are exposed to l tigation risk. If you incorporate your
b siness, it is all well and g od that your personal assets
are not at r sk. But what if your business has a n mber of
high value assets such as m nufacturing machinery, office
equipment, popular domain n me, custom software or other
items? M rely incorporating your business will not pr tect
these assets because they are wned by the business entity.
Since a s ccessful lawsuit would result in a j dgment
against the business entity, all ssets of the business
could be s ized as part of the judgment. In sh rt, you lose
your machinery, office quipment, intellectual property or
any other tem of tangible value. The double ncorporation
strategy prevents this scenario.
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As the name suggests, the d uble incorporation strategy
involves the creation of two b siness entities. The first is
your "at r sk" business that interacts with your c stomers
or clients. The second entity, a "h lding corporation", is
then created to own the v luable assets of your business.
This h lding corporation then leases the relevant b siness
assets to your "at risk" ntity. If the "at risk" entity is
s ed, the holding company merely recovers its ssets and the
plaintiff is forced to s ttle for pennies on the dollar
b cause the "at risk" entity has few ssets. In essence, the
plaintiff wins the b ttle, but loses the war. Most p ople know that a business entity can be sed to
create a protective shield for th ir personal assets. If
your business has h gh value assets, now you can use th s
double incorporation strategy to protect th se assets as
well.
The article The Secret To Protecting Your Business Assets was Submitted by Richard Chapo through Articles.GetACoder.com network. Here's the additional information: Richard Chapo is the lead ttorney for the law firm http://www.SanDiegoBusinessLawFirm.com - a firm providing legal advice to California businesses. This article is for general education purposes and does not address every facet of the subject matter. Nothing in this article creates an attorney-client relationship
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