Legal Underpinnings of Business Law Review Example

The key to limiting liability exposure is to realize where your company might be vulnerable. It is important to be able to recognize possible situations that make a company vulnerable. Knowing all possible significant aspects of any liability associated to the type of business an owner wants to participate in is vital. A business owner should always understand and have working knowledge of all laws that apply to your business to prevent liabilities. Personal Business Venture

My future personal business venture would a clothing line for curvy women. As a curvy woman, it is very difficult to find non-geometric, non-tent like, flower patterned, ugly business and casual clothing. The best business organizational form for this business would be an LLC. LLC’s are easy to set up. Chose a business name that incorporates LLC, file an article of organization, create an operating agreement, obtain licenses and permits, hire employees, and finally open the doors. I would have variety of partners from textiles, designers, clothing producers, managers, and finally marketing specialists. The personal liability exposure would be minimal. With an LLC if I messed up the partners would not be responsible.

The consequences are not as bad is if I was in a corporation. The LLC is more flexible. The positives are less record keeping and more profit sharing. The state would have some say into my company so I would have to keep up with guidance regularly. The negative of this company is that once a member leaves, the entire company must complete their duties and responsibilities and then dissolve. Another down fall is that self-employment tax contributions towards Medicare and Social Security.

“The net income of the LLC is subject to this tax. The federal government does not recognize LLC as a business entity for taxation purposes, all LLCs must file as a corporation, partnership, or sole proprietorship tax return. Certain LLCs are automatically classified and taxed as a corporation by federal tax law.” SBA. (2013)

ReferenceBrown, D.R. & Harvey, D., (2006). An experiential approach to Organizational development. (7th ED.). Upper Saddle River, NJ: Prentice Hall Cameron, P., (2012). Defending a Company in a Breach of Contract Lawsuit in San Diego Superior Court. Retrieved from IRS. (2013). Limited Liability Company (LLC). Retrieved from Businesses/Small-Businesses-&-Self-Employed/Limited-Liability-Company-(LLC) NOLO. (2013). Liability Concerns for Sole Proprietors: Liability issues are of particular concern for sole proprietors. Retrieved from encyclopedia/liability-concerns-sole-proprietors.html

SBA. (2013). Limited Liability Company. Retrieved from