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Old 02-14-2006, 04:23 PM
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Join Date: Feb 2006
Posts: 1
Default Naming me and my LLC in Contract...?

I formed a LLC about a year ago to try and separate my business activities from personal in the unlikely event I was ever involved in a lawsuit through the business.

Another party and I are putting together an agreement. He insists on using not only my real name but the LLC name in the agreement to identify me (my LLC is a single member).

Is this wise? If my name is in the agreement - as opposed to just my LLC - am I opening myself up to potential problems down the road in an unlikely event there is a lawsuit?

He is afraid that if there is some sort of problem and my LLC "simply disappeared", he wouldn't have any recourse.


Thank you!
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Old 11-09-2007, 01:34 PM
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Join Date: Nov 2007
Location: Orange County, CA
Posts: 9
Default

Thank you for your posting. What the other party is doing in this situation is asking for you to be a co-signer in the agreement, which is common. It protects the other party in case the LLC default, goes bankrupt, etc.

If there is a breach of the contract or agreement you are entering into, then yes, the other party can come after you, or the LLC, separately, or jointly. It does not affect any other liability protection offered by the LLC, however, and wouldn't serve to break the shielding power of a corporation by the contct alone.

Thanks again.

Quote:
Originally Posted by doinkdoink View Post
I formed a LLC about a year ago to try and separate my business activities from personal in the unlikely event I was ever involved in a lawsuit through the business.

Another party and I are putting together an agreement. He insists on using not only my real name but the LLC name in the agreement to identify me (my LLC is a single member).

Is this wise? If my name is in the agreement - as opposed to just my LLC - am I opening myself up to potential problems down the road in an unlikely event there is a lawsuit?

He is afraid that if there is some sort of problem and my LLC "simply disappeared", he wouldn't have any recourse.


Thank you!
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