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Are You Ready To Own And Operate A Business?
How often has someone thought of starting a business based solely on the fact they think it will be easier than working for someone else. Fact is, owning and operating a business can be one of the most grueling experiences you will have. Granted,...
Business Valuations - An Art or Science- Could it be both
Business Valuations, according to several academic sources is one of the fastest growing niche practices in the United States, and all projections are that this will continue to occupy a leading spot in the accounting profession in the ensuing...
Do You Really Need A Home Business Mentor?
Having a mentor can mean the difference between success and failure if you want to have a successful Internet home business. Many of you have dreamed of owning your own Internet business, and have probably been involved in countless...
Pay Per Click Advertising For Home Business Owners
The biggest stumbling block for most home business owners is marketing their business. Most will start at free to post FFA pages and safelists. Most free advertising will never be seen by anyone and as a result business owners get discouraged...
Residual Income: An Interesting Theme Of Your Online Business
Residual income is when you do the work one time and get paid forever.
It is passive, recurring income that comes to you every month.
Think about this-If you work on hourly basis for 2 hours and get paid of say... $100.You don't get any...
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The Secret To Protecting Your Business Assets
Regardless of the type of business you conduct, there is a significant risk of being sued in our litigious society. Lawsuits can range from claims of negligence to defective products to disputes with employees. Incorporating is a means of guarding against these potential threats.
Single Incorporation - Protecting Your Personal Assets
Incorporating your business is a method for creating a legal wall between your personal assets and business. Any judgment against your business will not impact your personal assets. While your home, savings, stocks, etc., are protected, what happens to your business? If a judgment is rendered against your business, the business assets are as good as gone. This doesn’t have to be the case.
Double Incorporation Strategy - Protect Your Business Assets
Many businesses can benefit from pursuing a double incorporation strategy. The strategy is designed to address the situation where a business has significant assets that are exposed to litigation risk. If you incorporate your business, it is all well and good that your personal assets are not at risk. But what if your business has a number of high value assets such as manufacturing machinery, office equipment, popular domain name, custom software or other items? Merely incorporating your business will not protect these assets because they are owned by the business entity. Since a successful lawsuit would result in a judgment against the
business entity, all assets of the business could be seized as part of the judgment. In short, you lose your machinery, office equipment, intellectual property or any other item of tangible value. The double incorporation strategy prevents this scenario.
As the name suggests, the double incorporation strategy involves the creation of two business entities. The first is your "at risk" business that interacts with your customers or clients. The second entity, a "holding corporation", is then created to own the valuable assets of your business. This holding corporation then leases the relevant business assets to your "at risk" entity. If the "at risk" entity is sued, the holding company merely recovers its assets and the plaintiff is forced to settle for pennies on the dollar because the "at risk" entity has few assets. In essence, the plaintiff wins the battle, but loses the war.
Most people know that a business entity can be used to create a protective shield for their personal assets. If your business has high value assets, now you can use this double incorporation strategy to protect those assets as well.
About the Author
Richard A. Chapo is with SanDiegoBusinessLawFirm.com - This article is for information purposes only. Nothing in this article is intended to address the reader’s specific situation nor does it create an attorney-client relationship.
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