
Limited Liability Company (LLC)
A LLC is a legal entity with limited liability. A LLC as a legal form has several advantages. Learn more about them here.
A Limited Liability Company is a legal entity with limited liability. A LLC also stands for Limited Liability Company. The designation 'limited liability company' means a fixed group of shareholders. Within the LLC, the capital is divided into shares. Share ownership is shared by the shareholders, who collectively own 100% of the shares.
The LLC is a legal entity and this means that the owner is not personally liable for possible debts of the LLC. The main advantage of a LLC is that shareholders are protected from financial risk. The maximum amount shareholders can lose in case of bankruptcy is the nominal value of the shares they own in the company. This always leaves a boundary between personal assets and company finances. However, if there is mismanagement, negligence or fraud, owners can be held personally liable.
Setting up a LLC is a bit more complicated than, say, one-man business. To establish a limited liability company, several conditions must be met, namely:
A limited liability company (LLC) has both advantages and disadvantages. We have listed these for you.
Advantages
Disadvantages
A limited liability company can therefore be an attractive choice. However, there are also disadvantages to this legal form.
The capital of a LLC is divided into shares, which are held by shareholders. The supreme power within the LLC lies with these shareholders. If you are only a shareholder and not a director, your liability is limited to the amount with which you participate in the organisation. Annually, the board must prepare annual accounts and publish them in time in the Trade Register. The general meeting (of shareholders) must approve the annual accounts. Late or incomplete publication may lead to directors' liability.
The capital of a LLC is divided into shares, which are held by shareholders. The supreme power within the LLC lies with these shareholders. If you are only a shareholder and not a director, your liability is limited to the amount with which you participate in the organisation. Annually, the board must prepare annual accounts and publish them in time in the Trade Register. The general meeting (of shareholders) must approve the annual accounts. Late or incomplete publication may lead to directors' liability.
The holding company, like the LLC, is a corporation. There are many misconceptions about different types of LLCs. A holding LLC, a working LLC, Management LLC, Savings LLC, etc. These are all LLCs, it is only the objective that is different. The difference between a LLC and the holding company is that the holding company passively holds shares in a LLC. A holding company is used as a vehicle to hang underlying LLCs under. This offers legal and tax advantages. By housing the valuable assets in the holding LLC, they are shielded from bankruptcy. The real business is always done from the operating company, of which the holding company holds the shares. The operating company ('working LLC') is therefore where the risks are.
Do you have questions about LLC or other legal forms? We have the necessary knowledge and experience in setting up a limited liability company (LLC), holding company structures, directors' liability and more. If so, please feel free to contact us.
A LLC is a legal entity with limited liability. A LLC as a legal form has several advantages. Learn more about them here.
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