Corporate Veil Agreement: Everything You Need to Know
A corporate veil agreement, also known as a limited liability agreement, is a legal document that outlines the rights and responsibilities of a corporation and its shareholders. It serves as a shield that separates the personal assets of the shareholders from the liabilities of the corporation.
A corporation is an entity that is separate from its shareholders, meaning that it can enter into contracts, sue or be sued, and acquire assets in its own name. This separation provides a level of protection for the shareholders from any legal or financial issues arising from the corporation`s activities.
However, this protection is not absolute and can be pierced in certain circumstances. For example, if a shareholder personally guarantees a loan taken out by the corporation, the creditor can go after the shareholder`s personal assets if the corporation is unable to pay back the loan.
A corporate veil agreement is one of the ways to strengthen the protection of the shareholders` personal assets. It typically includes provisions that limit their liability for the corporation`s debts and obligations, except in cases of intentional misconduct or illegal activities.
The agreement may also outline the procedures for decision-making within the corporation, such as the appointment of directors and officers, the issuance of shares, and the distribution of profits and losses. It can also include provisions for the transfer of shares, the dissolution of the corporation, and other matters relevant to the shareholders.
Having a corporate veil agreement in place can benefit both the corporation and its shareholders. For the corporation, it provides a clear framework for decision-making and reduces the risk of legal disputes arising from misunderstandings or disagreements among the shareholders. For the shareholders, it offers a layer of protection for their personal assets, which can be especially important in high-risk industries or businesses with potential exposure to lawsuits.
In summary, a corporate veil agreement is a legal document that protects the personal assets of the shareholders from the liabilities of the corporation. It sets out the rights and responsibilities of the corporation and its shareholders, and can strengthen the protection of their personal assets. If you own or are planning to start a corporation, consider working with a legal professional to create a corporate veil agreement that suits your needs.