What are the legal steps a small business owner in Ohio should take to protect their personal assets in the event of a business lawsuit?
As a small business owner in Ohio, you can take certain legal steps to protect your personal assets in the event of a business lawsuit. Here are some suggestions:
- Incorporate or Form an LLC: Incorporating or forming an LLC can help protect your personal assets in case of a business lawsuit. This is because the business becomes a separate entity with its own legal identity, which means that your personal assets are not at risk if the business is sued. Consult with a business lawyer to determine the best type of business entity for your needs.
- Purchase Liability Insurance: Liability insurance can protect your small business from claims and lawsuits that may arise due to an accident, injury, or damage caused by your business. This type of insurance can cover the cost of legal fees, settlements, and judgments. It is important to note that liability insurance will not protect your personal assets, but it can help cover the cost of defending a lawsuit against your business.
- Keep Personal and Business Finances Separate: It is important to keep your personal and business finances separate. This means having separate bank accounts and credit cards for your business. This will help show that you are operating the business as a separate entity and will help protect your personal assets in case of a lawsuit.
- Follow Applicable Laws and Regulations: Ensure that your business is complying with all applicable laws and regulations. This means obtaining the necessary licenses and permits, following all tax laws, and complying with employment laws. Failing to comply with laws and regulations can expose your business to lawsuits and potential liability.
There are some limitations to the protection provided by incorporating or forming an LLC. For example, if you engage in fraudulent or illegal activities, you could still be held personally liable. Additionally, if you personally guarantee a loan or debt for the business, your personal assets may be at risk in case of default.
In addition to the above steps, it is recommended that you consult with a business lawyer to discuss your specific situation and to explore other strategies for protecting your personal assets. A business lawyer can also help ensure that your business is in compliance with all applicable laws and regulations.