QUESTION

How difficult is it to prevent "piercing the veil" of LLC? I want start a home inspection business but worry it's not worth risk to personal security

Asked on Mar 05th, 2020 on Business Law - New Mexico
More details to this question:
I do not want to risk my family's security (our home, my pension, our savings, etc...) to start a small home inspection business. I have tried to read up on laws regarding "piercing the veil" and it sounds like it's highly unlikely that I could be held personally liable, but if the risk is substantial, it may not be worth it to me.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Assuming that New Mexico law is the same as in the jurisdictions in which I practice (it should be, the following is pretty basic), the members of an llc are not personally liable for the llc's obligations as long as they operate the llc correctly as a separate entity.  In order to pierce the veil of the llc, a plaintiff would need to show that the members completely dominated the llc so that it had no separate existence (which is normally shown by a failure to observe the proper formalities, commingling of personal and company funds, transfersw of funds from the company to the individuals without fair consideration and to the detriment of company creditors, etc.) and that the llc form was used to commit a fraud or similar wrongdoing.  If you operate the LLC properly, there is little risk of piercing the veil.  Of course, those doing business with the LLC (e.g. landlord, banks or other sources of business financing, etc.) know this as well, and so may require the individual members to personally guarantee the company's obligations before extending credit.
Answered on Mar 06th, 2020 at 7:27 AM

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