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Mick Melocheck
Mick Melocheck
Financial Growth Partners Financial Advisor
570.294.2675

Every tomorrow is built on the decisions that we make today. It's up to each of us to make those decisions as informed as possible. We simply don't know what we don't know.

I gravitated toward this industry because it was one great way that I could truly have a positive impact on peoples lives. Having the opportunity to help individuals make better strategic decisions when it comes to protecting, growing, and maximizing their wealth is one of the best ways I can give back to my community.

I am a father to a beautiful daughter and a husband to a gorgeous, intelligent wife. We love spending time together whether that's going for hikes, going to the beach, staying fit, or simply relaxing by a campfire.

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Tips to protect your LLC

Money Read Time: 2 min

Establishing your business as a Limited Liability Company, or LLC, is a powerful way to segregate your personal assets from those of the business.

Unfortunately, those protections are not limitless. If you personally co-sign for or guarantee a business loan, you could be liable for that amount in a lawsuit, or if the business fails.

Similarly, if you pledge personally-owned assets – say, your home or stock portfolio – for a business loan, you could be on the hook personally.

But there’s a third threat to LLC protection. It’s called “piercing the corporate veil.” Here, a creditor attempts to show that the LLC is a shell created only to provide liability protection for its members, or the LLC was practically inseparable from or an alter ego of its owners.

Courts will be more likely to pierce the corporate veil if:

  • Formalities, such as holding annual meetings and keeping minutes, were not followed.
  • Certain members exerted too much control over the LLC.
  • Members commingled personal funds with the LLC’s funds or used personal funds to satisfy the LLC’s obligations.
  • The LLC was not sufficiently capitalized when it was formed.

Maintaining a wall around your personal assets

  1. Adopt and follow appropriate formalities. Hold annual meetings of members. Keep accurate, detailed “minutes” of important decisions. And be sure to follow the LLC’s Operating Agreement.
  2. Never commingle assets. Keep personal and business separate, always.
  3. Never divert LLC assets for personal use.
  4. Never tell a creditor you will personally guarantee payment.
  5. Make sure everyone knows they are dealing with a corporation, not an individual.

Disclosures:

Guardian, its subsidiaries, agents and employees do not provide tax, legal, or accounting advice. Consult your tax, legal, or accounting professional regarding your individual situation.

Pub12318 

2023-163887 Exp. 10/25 *pre-approved content*

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