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Liability

Liability

Table of Contents

A legal obligation or debt a business or individual owes, usually as a result of contracts, laws, or wrongful acts—can include money owed, duties to perform, or responsibility for damages.

What is Liability?

Liability refers to a legal responsibility or obligation that a business or individual has toward another party, often involving the payment of money, delivery of goods, or performance of services. In the context of business, liabilities are typically financial debts or obligations that arise during operations. These can include loans, accounts payable, taxes owed, lease commitments, and legal settlements. Liabilities can also refer to the potential responsibility for damages or losses, such as those resulting from a lawsuit or breach of contract.

For U.S. companies owned by non-U.S. residents, liability has both a financial and a legal dimension. Financial liabilities appear on the company’s balance sheet and can be short-term (due within a year) or long-term (due in more than a year). Legal liability arises when the business is held responsible for actions or omissions, which may lead to fines, penalties, or court judgments. One of the main reasons entrepreneurs choose structures like an LLC or corporation is to limit personal liability—protecting the owner’s personal assets from being used to satisfy the company’s debts or legal obligations.

However, liability protection is not absolute. Owners and managers can still be held personally liable in certain cases, such as fraud, personal guarantees on loans, or failing to maintain proper business separation (known as “piercing the corporate veil”). Understanding liability is essential for risk management, contract negotiations, and ensuring the business remains compliant with laws and regulations.

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