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Protecting You and Your Assets as a Small Business Owner

Three items to consider when looking to protect yourself and your personal assets.

 

I remember when I formed my first company and the pride that I felt when it was official. I was off and running. My first million just a few short months away. I remember receving a package from the Georgia Secretary of State in the mail addressed to my new company. I sat back and looked at the new corporate documents with a sense of awe and amazement. 

There are different types of corporations including,  “C corporations” and “S corporations” - you name it there is a corporation for it, it seems.  If you have no idea if or how to form one (and most of us do not), there are numerous companies that can help you form your corporation and advise you as to the best type for your small business. These fees are relatively inexpensive, so do not get taken. Need some suggestions on who to contact? Email me at Matt@MattHermes.com and I will forward them onto you.

One of the main reasons any entrepreneur chooses to incorporate his or her business is to protect or shield the founders and corporate officers’ personal assets (cars, homes, savings accounts, vacation homes, etc.) from potential unpaid business debts, liability issues and other costly business dealings. 

This protection, as it is typically called is a “corporate veil,” and is designed to safeguard the things you have already worked so hard to earn as your business grows and flourishes.

What you need to make sure you understand is that the corporate veil remains in effective only if the corporation remains in “good standing” by meeting all of its corporate duties as described in your inccorporation documents and state requirements. If you drop the ball and let something fall through the cracks (and someone falls over a crack), you could be out of luck.

Below I have provided three of my top items to consider when looking to protect yourself and your personal assets. These items are in no particular order and are not meant as legal or accounting advice, but merely a guide as to which you can start to protect yourself. 

KISS - Keep It Separate Silly . Make sure you are using a different business credit card to handle your business travel and other expenses. Just a separate credit card account will really do but make sure that your business expenses are on that card only and vice-versa. One item linked to your business on a personal account can couse problems.
  • A1. Never Pay Business Bills or Invoices Out of a Personal Checking Account: It never pays to pay any corporate bill directly from a personal checking account. If you have to use personal funds to pay business obligations, write the personal check to the corporation first and then document the sum as a loan advance or new investment in the corporation so that you have it down on paper as to what and how money was added to your account.   
  

Separate Yourself: One of the easiest ways unpaid debtors can pierce the corporate veil is by proving that the corporation was not run as a separate entity from the initial entrepreneur or corporate officers. Do not sign documents as it relates to the business without noting your corporate title and company name on all invoices, loans, etc.

File all tax returns and annual reports on time. Georgia is getting more restrictive as it pertains to incomplete documentation and late filings. Make sure your corporation is in good standing and advise the state of  Georgia of any changes to the corporation’s business address, names of officers or directors, capitalization, articles of incorporation or bylaws.

Hope this helps and here's to a great small (or large) business growth day.

About this column: Matt Hermes has been ranked as one of the Top 100 Realtors in the Atlanta market. Matt and his family live, work and play in Dacula. Check out www.AtlantaHomesGuru.com for more information about Matt or call him at 770-402-2819. Related Topics: Business and matt hermes

MarkB

7:55 am on Tuesday, April 26, 2011

The goal of a comprehensive asset-protection plan is to prevent or significantly reduce risks by insulating your business and personal assets from the claims of creditors. Unfortunately, if you're like most small-business owners, you are unaware of all the potential risks that can harm your business and the options available to protect your business and personal assets. An asset-protection plan employs legal strategies, put into place before a lawsuit or claim arises, that can deter a potential claimant or help prevent the seizure of your assets after a judgment. If you haven't already put your asset-protection plan in place, don't wait - the longer the plan has been in existence, the stronger it likely will be.
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