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Tuesday, January 4, 2011

Limit Your Liability to Protect Your Assets

If your business runs into serious difficulty, will 
it bring you down too? For example, what if one of 
your employees got involved in a serious car accident 
while working for you? Will the resulting lawsuit 
bankrupt you personally?

Here are just a few ways of protecting yourself 
against catastrophic losses and lawsuits.

1. Obtain Adequate Insurance Coverage

If someone slips on the sidewalk of your home and 
injures himself, he could sue you for damages. Your 
tenant`s or homeowner`s policy may cover you for 
liability in such an event.

However, what if it is your customer who falls on his 
way to visiting your home-based business? You will 
need an extra rider on your house insurance to cover 
such incidental business use. The extra charge for 
this additional coverage is well worth it.

If you use a car for business use, insure it for such. 
Some people think that they are being clever writing 
off automobile expenses for income tax purposes but 
at the same time not informing the insurance company 
that the car is being used for business.

This is false economy. If you ever get into an 
accident, police and insurance investigators will 
certainly find out that you used the vehicle for 
business purposes. If you`re not paying for 
business coverage, why would the insurance company 
cover your claim?

As well, what do you think an income tax auditor would 
think of your claimed business expenses on the vehicle 
when your insurance policy indicates personal coverage 
only? Avoid this additional exposure to tax liability.

Be sure to obtain required workers` compensation 
coverage. Some have been held responsible for all the 
medical and other expenses of an injured worker, as well 
as fines for non-compliance to the law. These costs 
can be quite substantial and even bankrupt you.

Consider obtaining product liability insurance. This 
applies not just for any products you manufacture but 
also for products you sell that are made by others.

2. Incorporate Your Business

Insurance may give you some protection against loss. 
However, you may suffer business losses and lawsuits 
that may not be covered by your insurance fully. What 
then?

An extra level of protection can be obtained by forming 
your own corporation. Even though incorporating 
yourself will result in extra paperwork and costs, it 
could be the best insurance you ever bought.

This is because the corporation is a seperate legal 
entity or person. Even though you may own the 
corporation, if the corporation operates the business, 
it is the corporation that will be sued or suffer loss.

If, for example, the corporation had severe business 
losses resulting in debts that could not be repaid, 
the corporation would be insolvent. You, as a 
shareholder, would lose your investment in the company 
but would generally not be responsible for any of its 
debts. Thus, you would not have to sell your home or 
other personal assets to cover the corporation`s 
liabilities.

On the other hand, there are cases where directors of 
a corporation can be held responsible for liabilities 
if they didn`t act responsibly. You can`t hide behind 
a corporation, commit criminal acts and expect to 
escape accountability.

For more information about incorporation, visit: 
http://www.yenommarketinginc.com/incorporation.html

3. Protect Yourself With Legal Agreements

Properly drafted written agreements can protect you in 
many ways. First of all, they can sometimes prevent 
misunderstandings that can lead to legal problems. 
Secondly, they may limit your exposure to lawsuits and 
losses.

Contracts can limit your exposure to liability by 
including provisions restricting the scope of your work 
and responsibility, having disputes handled by arbitration 
rather than through the Courts, and specifying that the 
maximum damages payable shall not exceed the amount of 
the contract.

A special area to watch out for is the Internet. There 
are many laws that impact on websites including 
matters affecting children, privacy, earnings claims, 
and unsolicited e-mail ("spam"). Certain agreements 
and notices on your website may help to protect you.

For more information about Internet law, visit: 
http://www.yenommarketinginc.com/internet-law.html

Protect yourself from catastrophic losses and lawsuits. 
Take steps today to protect your assets by limiting 
your exposure to liability.

J. Stephen Pope, President of Pope Consulting Inc., http://www.popeconsultinginc.com/ has been helping clients to earn maximum business profits for over twenty-five years.

For valuable Work at Home Small Business Ideas, visit: http://www.yenommarketinginc.com/

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