The LLC or Limited Liability Company is a comparatively new method of business organization that is growing in popularity. The LLC is composed of numerous owners or members and an added managing member who has the privilege for limited liability and is normally the one responsible for managing the business. Nevertheless, if the LLC only has one owner, it will be considered as a sole proprietorship.
In the lucrative real estate industry, rental operations are considered as the best since the income derived from it is not one time, but is perpetual while the property is still in existence. Nevertheless, due to the surge of landlords being sued for the most ordinary things such as pests, molds and to the more serious offenses like physical injury due to defects in the structure, there are times when the losses surpass the income. At worst, the losses have to be derived from the property owner’s personal property. This is not the case if you will have your rental property covered by an LLC.
The LLC serves as protection for your personal assets from being attached to the liabilities of your rental business. It protects similarly to that of a corporation protecting the personal assets of the shareholders from being sued by creditors of the corporation. This means that is someone sues the company and the assets are insufficient to cover the amount, then the creditor will have to settle for what is available since he cannot pursue the individual properties of the shareholders.
In a single proprietorship, the law does not allow the same immunity to the personal assets. If the assets of the business are not sufficient, the deficiency will be taken from the personal property of the owner until the business liabilities are paid in full. This includes the home, bank accounts, car and other business ventures of the owner.
With the LLC covering your rental property, you earn as a sole proprietor since all the profits are yours alone and your protection is that of a corporation since your personal properties are immune to attachment for payment claims.
In a single proprietorship, you can simply register your business and the lawyer’s fees are minimal. The profit is solely for your and you will be able to manage your business in the same way you want it to be managed. A corporation on the other hand, you must deal with other co-owners in handling the business.
other areas of life), then bankruptcy can be a much needed blessing.
