In: Accounting
To what extent are the personal assets of a general partner, limited partner, or member of an LLC subject to a.) contractual liability claims, such as trade accounts payable, and b.) malpractice claims against the entity? Answer the question for partners or members in a general partnership, an LLP, a nonprofessional LLC, and a limited partnership.
SITUATION | GENERAL PARTNER | LIMITED PARTNER | Member of LLC |
a) Contractual liability claims, such as trade | Unlimited personal liability. | The limited partner’s liability is determined by the percentage
of his/her investment in the partnership. |
Liable only for the amount of his or her capital
contribution.But the LLC owners would not be personally liable for
that debt. The owner or employee who committed the act might also
be personally liable for his or her actions but a co-owner of the
LLC who was not involved in the act or wrongdoing would not
be. |
b) Malpractice claims against the entity | Unlimited personal liability. | Unlimited personal liability. |
Unlimited personal liability. LLC will not protect you against personal liability for your own negligence, malpractice, or other personal wrongdoing that you commit related to your business. If both you and your LLC are found liable for an act you commit, then the LLC’s assets and your personal assets could be taken by creditors to satisfy the judgment. |