What happens if my business goes bankrupt?
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Thinking about opening a small business, but will need a loan to do so. I am trying to decide if it is better to Incorporate, or go with an LLC. What are the ramifications if the company doesn't make it? Am I personally liable if it is incorporated or an LLC? Will this ruin my personal credit? I plan on speaking to an attorney obviously, but just curious what you guys may know. Thanks.
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Answer:
Most start up companies, regardless of how you set them up legally, require a personal guarantee from the owner or owners. Therefore, if you require a loan for start up costs, you will probably have to sign a personal guarantee for the loan, which means, you guarantee repayment of the loan should the company go belly up.
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Other answers
An Australian View What are some of the reasons so many small businesses fail? Some of the causes of business failure stem from how the business is managed, while other causes can be external, such as economic, political or social changes. A business fails when it stops trading for either of the following reasons: •It becomes bankrupt; or •It voluntarily closes down because it is insolvent (unable to pay its debts when they fall due). •Most small business failures occur in the first few months or year. It is usually during this time that lack of knowledge, skills, managerial experience, technical proficiency and entrepreneurial drive take their toll on new and struggling small businesses Bankruptcy is just legal speak for how they will handle your debts and how it will affect your future business dealings. You may be able to avoid bankruptcy by talking to your accountant and possibly challenging the decision. There are organizations that will help you out and you can hire debt collectors if incoming money is a problem because your customers are not paying you. You of course have to decide whether they will be friends or are just vultures in for the kill.
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