If You Operate a Home Based Business, Do You Need To Set Up An LLC?

Posted on May 28, 2009 @ 8:03 am
by Attorney Bob Montgomery

You, just like every other business owner has the choice to structure and operate your business in one of several different forms or entities. Each form has advantages and disadvantages. Without going into all of the details, I can tell you from experience that LLCs (limited liability companies) have become the entity of choice for most small businesses. One of the most important reasons or advantages for forming any legal entity like an LLC or corporation to run your business is LIABILITY PROTECTION.

I don’t need to tell you that a growing lawsuit epidemic is going on and it only appears to be getting worse. Statistics reveal that 1000′s of lawsuits are being filed each week and small business owners are prime targets. It may be a disgruntled former employee . . . a customer . . . a business competitor . . . a total stranger . . . some government agency . . . the list goes on.

One expert said your chances of being sued are growing higher every year. I’m not sure of the statistics . . . but I do know that more lawsuits are being filed all the time . . . and starting a business only increases your risk.

With that said, I want you to know that I am an advocate for small business people. They are great . . . they provide support for many people and help make dreams come true. Small businesses including home based businesses are the back bone of our society and one of the main supports of our national economy. I grew up with parents involved in a small business. I beleive whole heartedly in small businesses.

All small business owners, including home based business owners, need to protect themselves. The most important step any business owner can take to protect yourself is to operate your business through a properly formed and maintained entity like an LLC. If you choose to do nothing, then you are a sole proprietor which means your personal assets are at risk if there is a lawsuit.

The LLC or limited liability company has been approved by law in every state to provide liability protection between the business and its individual owners. With so many lawsuits being filed, its no wonder that the number of LLCs being formed has grown by over 90% in the past few years. The primary reason is protection.

The best way to reduce the risks to small business owners is through intelligent business planning. Many new business owners think that lawsuits and personal loss will never happen to them. Please dont make that mistake. I’ve seen it happen. Once a lawsuit is filed, its usually too late to start thinking about forming an LLC . . . because liability starts when the injury occurs and forming an LLC is not retroactive. Its like having insurance and its not effective until you purchase it.

If you are going to start a business, its crucial that you take the necessary steps to protect yourself right up front or as soon as possible. If you havent done it yet, dont delay or procrastinate.

Wise business planning includes the formation of the proper business entity and the purchase of liability or business risk insurance when available. You cannot eliminate every possible risk when starting a business but you can substantially reduce the likelihood of a devastating lawsuit through proper planning and setting up the proper legal structure like an LLC.

You can get more informaiton about how to start an LLCs, liability protection, the best place to set up an LLC, the 4 essential steps to set up an LLC, and much more by getting your free copy of The LLC Guide for Business Owners described below.

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