Thursday, August 16, 2012

Corporate protection from liability?

On Sep 11, 7:07 am, ymg200 <ymg...@excite.com> wrote:
> I want to start a website which goal would be civil rights advocacy.
> The website will be providing information/news and analysis.

If you step over the line from providing information into providing legal advice you may open a big can of worms.  Legal advice for _you_ on how not to do that would be a real good idea.

> I want to
> register the company for this purpose and I need an advice how to
> structure the company (LLC/SMLLC, as a general partner/limited partner
> etc.) so that I have protection from personal liability.

I'm afraid you are a victim of an urban myth.  No form of corporate structure is going to shield the person who actually does the work from personal liability for any harm he may tortiously cause to others.  Plenty of doctors, lawyers, architects and engineers, frex, are set up as an LLC or PC and still can get sued individually for malpractice if they are the individuals who screwed up and harmed a client/patient.

The only thing a corporate structure protects you from individually in your role as a shareholder and/or officer of the corporation, is personal liability for the contracted debts of the corporation.  And if your creditors require you to sign a personal guarantee of corporate debts, as they are likely to do for a one-person startup business, you don't even have that protection.

So, you may want to consult a lawyer to see if it makes sense for you to have any corporate structure at all, given your plans.

> Where I can get such an advice? What kind of lawyer should be able to
> give me an advice how to structure a company so that it suits my
> goals?

One who has experience advising clients in setting up businesses, including nonprofits (if that's what you have in mind).  The best way you can find one who fits your needs is to ask friends who have also started businesses, and/or start calling lawyers in your area, and ask to see who does that kind of work and who they would recommend.  When you consistently find one name cropping up whose ability is respected by his peers and clients, that's who you should call for an appointment.  Good luck,

--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal matter.
For confidential professional advice, consult your own lawyer in a private communication.

Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685      (fax) 410-740-4300

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