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Delaware Incorporations

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Delaware LLC

by Kevin Little

A Delaware LLC is one type of Delaware corporation, one that offers attractive options to business owners. Many people know about the tax benefits and the unique legal aspects that are part of doing business as a Delaware corporation. An LLC designation provides additional advantages for company owners looking to protect their private investments.

"LLC" stands for "Limited Liability Company." The responsibility for paying business debts rests solely with the corporation if it is set up as an LLC. While many businesspeople see their own fortunes as being tied directly to the fates of their businesses, sometimes a bit of separation between one's business life and one's home life can be a good thing--in the financial sense.

How does that fact that business debts are tied to the corporation instead of the individual impact the life of a business owner? Businesspeople who operate Delaware LLCs will not be liable to put personal assets (such as their houses) up for collateral should a company fail. Protecting one's home ("homesteading") is one of the most essential precautions for any businessperson to take, no matter how "can't miss" one's company may seem to be.

Laws for Delaware LLCs

Delaware LLC laws, while they can be very advantageous for business owners, may seem as though they are rife for exploitation. A business owner, for example, could funnel all profits from his or her business into a private stash and leave the company to take the losses. Such "shell" corporations are forbidden under Delaware state law. While business laws in Delaware are very business friendly, they are not to be taken advantage of by indiscrete businesspeople. A process known as "piercing the corporate veil" is used to determine whether the profits taken from a company are out of line with the general operating tendencies of said corporation.


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