Separate legal entity
Separate legal entity cases
Everything done by the business entity is separate from what is done by the individual owner s. Article Table of Contents Skip to section Expand. The concept of a separate entity is important, so be sure to create a good accounting system and use the system for recordkeeping purposes, and in case of an audit. Yet, the multiple layers of protection from the principle must be balanced with the commercial reality, in which the legislation recognizes a group of companies to be treated as a single entity. While all corporations enjoy the benefits of separate legal entity, an unlimited liability company does not enjoy the privilege of limited liability. If you don't have your business set up as a separate entity, you will need lots more personal liability protection, at a higher cost. The fundamental principle of the Corporation Act reflects the common law under section which declares that a company comes into existence as a corporate body corporate as soon as it becomes registered. Piercing the corporate veil At the same time, courts have acknowledged that the corporate veil of a company may be pierced to deny shareholders the protection that the principle of separate legal entity normally provides. If the business is a separate entity, that shield or veil can't be pierced. The partners are each liable personally for the debts and lawsuits against the partnership. Secondly, limited liability permits efficient diversification; this allows shareholders to reduce their individual risk.
If your business has employees, there is a liability for all kinds of lawsuits, including discrimination and harassment claims, and employee injuries and accidents. But it has an effect that distorts the free market; it allows the entrepreneur to externalise some risk and impose it on the society at large.
If you pay yourself from the business, it should be as an owner's drawwith a business check.
For example, you can limit liability by purchasing liability insurance protection, but why should you as an individual pay for insurance for the liability of your business? Firstly, the limited liability decreases the need for shareholders to monitor the managers of companies they invested in, in order to facilitate the separation of ownership and control in large corporations.
Also, it has been argued that the doctrine of limited liability was established at the time when the corporate groups were relatively unheard Blumberg.
The sole proprietor business is one person, and that person and the business are together. But, some specific types of partnership are designated as having limited liability and are separate entities.
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