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Does a Professional Corporation Give Me Creditor Protection?

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A professional corporation differs from a “normal” corporation in that it offers no creditor protection to its directors and shareholders, and no protection from personal liability in the case of professional negligence.

While there are certain ways to ensure creditor protection for your assets, I believe the issue of creditor protection may not be as relevant in the medical industry, given that most professionals have coverage through their association. (Professionals should check with their provincial or territorial regulatory body for details on their particular circumstances.) The professional corporation can provide limited personal liability covering non-professional liabilities (such as office space lease liabilities and bank loans that are not personally guaranteed).

With that said, you can look at forming a separate holding corporation or investing in creditor-protected assets, such as segregated funds, to help provide extra measures of credit protection. Both options, however, will result in extra accounting, legal, or management fees—which is why a cost–benefit analysis should be completed with your financial advisor before you take any action.

If you own rental properties, however, we recommend using holding corporations for creditor protection. Although you may have adequate coverage through your association for your professional activities, that won't cover your rental properties, and a disgruntled tenant could lead to a creditor issue.

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