3 ms·
Thoughts in response: 1. I shut down a LLC about four or five years ago. I definitely didn't think about it at the time but it seems a bit wrong that it can be
by wj 10y ago
Thoughts in response:
1. I shut down a LLC about four or five years ago. I definitely didn't think about it at the time but it seems a bit wrong that it can be willed back into existence by a lawsuit. It can't defend itself without any assets to pay lawyers or members so to defend against the lawsuit would require piercing the shield and going after the former members assuming they are still alive (which in this case they all still are).
2. I think you are exactly right with that thought.
That example can even be extended that the tax office can be notified of each transaction the corporation enters and have a ledger of revenue, expenses, and deductions that need to settled before the corporation can be spun down.
One thing that I hadn't thought through is that the only reason to keep a corporation going is the hope of future earnings (or for tax/liability reasons but it all comes back to money). Without that potential it is shut down. Maybe it is a moot point. Why use your own resources to sue a company that has nothing to give you?
- 1123581321 10y agoGood thoughts. I also shut down a corp (S-Corp) in the last few years and had similar misgivings. But theoretically, if the veil is pierced, whatever assets the corp returned to shareholders should be available for legal defense. Or if the corp still existed and in the red, shareholders would be lending money anyway to defend it and stave off personal liability. If neither corp nor shareholders have enough assets to defend themselves, that is its own sort of protection (the play dead, or actually dead, strategy.) I'm not disagreeing with you; just adding to it.