Question

Mona is opening a new business selling fake fur coats. She organizes the company as a limited liability company called Fake-It, LLC and borrows $100,000 from a local bank in Fake-It's name. She also signs a personal guarantee at the bank promising to pay the debt of Fake-It. A friend of hers, Tanner, a second-year law student, advises her not to worry about the personal guarantee, because under the law of limited liability companies, it would be illegal for anyone to attempt to hold her liable for debts of the company. Is Tanner right?

Answer 1

Yes but see explanation.

Step-by-step explanation:

In lay man terms, the LLC is standing as a legal entity in itself. It can sue and be sued; as if it were a person. Tanner is right but Mona is a 'member' of the company (the owner or starter is called or seen as 'a member') and part of the liabilities of the company lie on her!

The legal document that determines who to hold liable for debts of the company is the Article of Organization. This document describes the rights, the powers, the responsibilities and the liabilities of each member of the limited liability company. So, if in this document, Mona bears a bulk of the financial liability of the company, then if the company is found wanting - on the basis of debt - and a court case comes up; Mona will be one of the members on the 'hot seat'.

Her personal bank account or financial assets might be protected in a company debt case but she'll still have to appear in court and be questioned accordingly. In lay man language, it is she - a human - who opened the business, so if there's debt, the humans involved (members) will be called upon.