i mean if you know anything about eduardo
Yes, there is one thing I know about eduardo. His name is not eduardo.
they will continue to probably screw everyone and the petition opened that door wide.
Please, enlighten us.
I already have, the blind cannot see.
Liars gonna lie.
Sure, but what is the lie?
And btw, @armyof1ne, if you really think that a LLC is gonna protect their persons against personal liabilities, you should change lawyer.
and this is why humanity in general is failing, they refuse to look into things and actually understand, please do your research...
You should definitely do some research bro. Here's a little light reading for you. Take a look at the bold its only one of the many reasons HF principals could be fucked. This entire forum has no idea how the REAL business world works. The very act of using CUSTOMER pre-order money for product development and general overhead expenses (salary, rent etc etc) will allow a lawyer to easily prove the LLC was under cap'd. That will pierce the corporate veil and could very easily leave the principals on the hook personally.
United States[edit]
See also: US corporate law
In the United States, corporate veil piercing is the most litigated issue in corporate law.[24] Although courts are reluctant to hold an active shareholder liable for actions that are legally the responsibility of the corporation, even if the corporation has a single shareholder, they will often do so if the corporation was markedly noncompliant, or if holding only the corporation liable would be singularly unfair to the plaintiff. In most jurisdictions, no bright-line rule exists and the ruling is based on common law precedents. In the United States, different theories, most important "alter ego" or "instrumentality rule", attempted to create a piercing standard. Mostly, they rest upon three basic prongs—namely "unity of interest and ownership", "wrongful conduct" and "proximate cause". However, the theories failed to articulate a real-world approach which courts could directly apply to their cases. Thus, courts struggle with the proof of each prong and rather analyze all given factors. This is known as "totality of circumstances".[25]
There is also the matter of what jurisdiction the corporation is incorporated in if the corporation is authorized to do business in more than one state. All corporations have one specific state (their "home" state) to which they are incorporated as a "domestic" corporation, and if they operate in other states, they would apply for authority to do business in those other states as a "foreign" corporation. In determining whether or not the corporate veil may be pierced, the courts are required to use the laws of the corporation's home state. This issue can be significant, for example, the rules for allowing a corporate veil to be pierced are much more liberal in California than they are in Nevada, thus, the owner(s) of a corporation operating in California would be subject to different potential for the corporation's veil to be pierced if the corporation was to be sued, depending on whether the corporation was a California domestic corporation or was a Nevada foreign corporation operating in California.
Generally, the plaintiff has to prove that the incorporation was merely a formality and that the corporation neglected corporate formalities and protocols, such as voting to approve major corporate actions in the context of a duly authorized corporate meeting. This is quite often the case when a corporation facing legal liability transfers its assets and business to another corporation with the same management and shareholders. It also happens with single person corporations that are managed in a haphazard manner. As such, the veil can be pierced in both civil cases and where regulatory proceedings are taken against a shell corporation.
Factors for courts to consider[edit]
Absence or inaccuracy of corporate records;
Concealment or misrepresentation of members;
Failure to maintain arm's length relationships with related entities;
Failure to observe corporate formalities in terms of behavior and documentation;
Failure to pay dividends;
Intermingling of assets of the corporation and of the shareholder;
Manipulation of assets or liabilities to concentrate the assets or liabilities;
Non-functioning corporate officers and/or directors;
Significant undercapitalization of the business entity (capitalization requirements vary based on industry, location, and specific company circumstances);Siphoning of corporate funds by the dominant shareholder(s);
Treatment by an individual of the assets of corporation as his/her own;
Was the corporation being used as a "façade" for dominant shareholder(s) personal dealings; alter ego theory;
It is important to note that not all of these factors need to be met in order for the court to pierce the corporate veil. Further, some courts might find that one factor is so compelling in a particular case that it will find the shareholders personally liable.
Here's another interesting piece,
A simple example would be where a businessman has left his job as a director and has signed a contract to not compete with the company he has just left for a period of time. If he sets up a company which competed with his former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a "sham", a "fraud" or some other phrase,[1] and would still allow the old company to sue the man for breach of contract.
A court would look beyond the legal fiction to the reality of the situation.Come on people when are you all going to learn to understand the real business world. A company simply cannot take millions of dollars of customer money, fail to develop a product and go bankrupt and tell the customers sorry we tried but to bad... Even if it was all honest mistakes, that isn't how it works, if they don't pay everyone back the lawyers will pierce the corporate veil and go after these clowns. An LLC isn't an instant "I WIN" button for the share holders.