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I Comply, You Comply, We Comply ... Are You Sure?
By Robert Neuberger


Failure to follow corporate formalities may expose corporate officers, directors and shareholders to personal liability. Maintaining good records, including corporate minutes, on a timely basis goes a long way toward maintaining the limited liability benefit of a corporation.

If incorporating was your first step to a new and safe way to do business, compliance with the law is the easiest way to keep you safe from any liability associated with they way you manage your company.

There are many reasons to pay attention to the formalities associated with running a corporation: Business corporation laws require articles of incorporation and bylaws and specify other things that must occur.

Articles of incorporation and bylaws form a contract between the corporation and its shareholders, obligating the corporation to act in accordance with the articles and bylaws.

Directors and officers owe the corporation and shareholders a fiduciary duty to use good faith, exercise due care, and act in the best interests of the corporation. Majority shareholders must act in good faith, in a manner not calculated to oppress the rights of minority shareholders.

Corporate formality must be respected and observed to preserve the integrity of the corporation and to shield officers, directors, and shareholders or related businesses from personal liability.

Don?t think that for the fact that you can be the only person holding all the positions of a corporation you are out of keeping your company in compliance. Small companies also have duties with State Agencies, providers and even customers.

Why Are Minutes So Important?

It?s the law. Nothing more clear than that. Minutes are legal records that document actions and support business decisions made by the principals of the business throughout the year. Minutes help you to separate your own affairs from the company?s actions. It is the way to protect you from liability.

During an IRS audit a privately held company may be required to produce the minutes of the company. If they do not, or can not give the minutes to the IRS agent, the problems stand as found. There is no negotiation with the IRS.

State law requires corporations to prepare annual minutes and in many cases; failure to do so has contributed to piercing of the company veil resulting in exposure to the principals.

As mentioned, without current and complete minutes, corporate players could be held personally liable for the actions of the corporation.

Protect Yourself

Your legal protection could be in jeopardy if a creditor successfully pierces the corporate veil due to the corporation?s failure to keep minutes.

Good recordkeeping habits and paying attention to detail are necessary for any successful business. Now you know it.

For more information, news and articles see:

Courier Insurance - Courier Insurance
...ostly or important. Losing such document or parcels can mean huge losses for some people. Therefore,Courier Insurance has become an important consideration for any one using mailing services. It is not uncommon for people to lose their mail before it reaches a desired destination. We make sure that your mail is covered sufficiently so that if you happen to lose it while it is on its way, you will be compensated. Many people may not see this as a necessary step until they experience a loss. So, why wait for it to happen to you? Get your insurance now and save yourself from huge losses. ...
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Car Gap Insurance - Car Gap Insurance
... never heard of car gap insurance until recently. I suppose unless you buy a car on finance you might not know about such policies. As I understand it the car gap insurance covers you in the event of a car being stolen and never recovered or one that is deemed a total loss by the insurers. If you still owe money on the car to a finance company then the gap insurance will pay off the difference between what the insurer says the car is worth and what finance you have left on it. Some of the policies will even leave you with some money to use as a deposit on another car. It`s, probably something that many people would never even consider when they take a car out on finance. If the insurance company decides that the car is worth less than you thought it might be when it is deemed a total loss then you could have to stump up the money to pay off the bal...
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Hgv Courier Insurance - Hgv Courier Insurance
...V Courier Insuranceis a very different type of insurance that you would normally purchase for a delivery business. So there are now insurers who specialise specifically in more complex insurance policys, they are experts in business insurance; therefore they will be able to advise you on all your insurance needs, to make sure you are completely covered, leaving no room for mistakes. The following is a list of the specifications that you may need to include in any haulage insurance cover and what can be potentially covered with the correct policy: Legal liability for injury or death to any other individual, including any such passengers. Legal liability for damage to outside property. Legal costs can be fully covered with the Insurers consent, in connection with an insurance claim against your policy. Your own damage (subject to any excess). Vehicle replacement, in the event of an accid...
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Gap Insurance - Gap Insurance
...? I know that I had never heard about this type of insurance before until it was brought to my attention recently. The gap insurance covers the deprecation on a car in the event of it being stolen and never recovered. How does it work you might wonder and do you need to take it out if you have outstanding finance on the vehicle? Say you have ten thousand pounds worth of car finance on your car but when it gets stolen the insurance company says it`s only worth eight grand. It means you`ll have to find the extra two thousand pounds to pay off the finance company. If you take out gap insurance on the car, this amount will be covered, so you don`t have to find any additional money to pay off the debt. Most people buy cars and decide to keep them for a set amount of time so they know how much fina...
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