It is impossible to operate a business without creating business
liabilities. One of your primary business objectives should be to keep those
liabilities as the sole responsibility of the company and prevent them from
becoming your personal liability as an owner.
The type of business structure you choose will determine how vulnerable you
are to personal liabilities. For example, if you operate your business as a
sole proprietorship or a general partnership, you are liable for all debts
and claims against the business. A lawsuit could be financially devastating.
If you incorporate your business or form a limited liability company, you
will have substantially more protection from personal liability for your
business liabilities.
However, many business owners are under the mistaken
impression that they are completely protected from personal liability by
filing a certificate of formation for a corporation or limited liability
company. Unfortunately, this is not true. The mere process of incorporating
does not completely protect the business owners or shareholders. It is
simply the first step.
You must complete the formation of your business by adopting internal
organization documents, commonly called bylaws or regulations and you must
actually operate your business through the new business entity. When
conducting business, you should always use the name of your business entity,
not your name. This is especially true when entering into contracts or
invoicing a customer. You should also use a proper signature making sure
that you are signing in your capacity as an officer or owner of the business
and not in your individual capacity.
Your new business should also have a tax identification number and a bank
account separate from your personal account. As a general rule, if you blur
the boundaries between your business and yourself and do not treat the
business as a separate entity, your creditors will also be extended that
privilege and you may loose your liability protection.