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Is a web based business bankruptcy proof.

Safe guarding a web based business.

         

lgn1

5:21 pm on Aug 9, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



The purpose of this discussion, is protect your time and effort put into a web based business, from unforseen circumstances, not to screw your creditors.

A sudden downture, being dropped from google is you suffer from all the eggs in one basket syndrome, or a lawsuit 'frivious or valid', can spell quick ruin for a business. This is why more and more business's are employing concepts such as bankruptcy proofing. This ussally involves a complex relations of trusts and holding companies and is ussallly outside the means of small buisnesses.

Does operating a ecommerce site that only drop ships, and with the ability to move the site from one ISP to another, perhaps offshore, virtually protects a business, and thus achieves bankruptcy proofing?

txbakers

6:19 pm on Aug 9, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



no legitimate business is bankruptcy-proof.

lgn1

6:33 pm on Aug 9, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Many large corporations takes steps to structure their companies, to create some effects of bankrupty-proofing. They may lose an arm, but not a head, so to speak.

The following URL has advice to go by. RRSP, GST and HST are canadian concepts, however I assume that the US has the equivalent retirement vehicles, and tax liabilities laws.

[sands-trustee.com ]

What Im interested in, is adding concepts which are unique to ecommerce sites, to the list.

ControlEngineer

9:04 pm on Aug 9, 2004 (gmt 0)

10+ Year Member



Just be carefull about overdoing it. A business operation that is too complex with structures that look like they are designed for bankruptcy proofing can turn off potential creditors and suppliers.

If it is a small business with a single or just a few owners, the would be suppliers or creditors may want the owner(s) to join into any obligations. This would destroy the advantage of incorporation in the first place.

If you have clients, what would you think if a client appeared to be structuring to be bankruptcy proof? I did consulting engineering business for a major US corporation, one of the first of the big business scandles in recent years. I started work when they were in trouble but before the bankruptcy. I had protected myself by making counter arrangements. So when their checks started bouncing, it didn't affect me; my check was from a different entity. And I had personal obligations from individuals, just in case. (didn't need them).

So a complex bankruptcy proofing can be counter productive.

rogerd

10:24 pm on Aug 9, 2004 (gmt 0)

WebmasterWorld Administrator 10+ Year Member



I agree that excessive "bankruptcy proofing" will look fishy to creditors and business partners. Banks won't loan money without personal guarantees (backed by assets of some kind), and many vendors will either limit credit or demand personal guarantees as well.

I don't think it's all that critical for most web businesses, either. To me, this kind of process is most helpful where you might find yourself the target of major lawsuits. If your business makes helicopter rotor parts, for example, you are far more likely to get sued for a bundle than if you are an Amazon web affiliate.