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Removing yourself from personal liability
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24/03/2011 17:00:48
 
 
À
24/03/2011 10:26:34
Mike Cole
Yellow Lab Technologies
Stanley, Iowa, États-Unis
Information générale
Forum:
Internet
Catégorie:
Contrats & ententes
Divers
Thread ID:
01504773
Message ID:
01504888
Vues:
45
>This is exactly what I'm worried about. My main source of information is freelance web designers, and they definitely do not have the exposure as a developer in most cases. I suppose I should probably schedule a sit-down with a lawyer and get this stuff worked out...

Before you incorporate, ask the lawyer how much protection, in practice, incorporation would give you. In some jurisdictions a client who wants to sue you will sue both your company and you personally, if you are a director. The idea being, as a director, you are responsible for the actions of the company. So, unless you have director insurance you could be personally on the hook.

>
>>Incorporate.
>>
>>It's much cheaper today. I think you can do it on line and you'll get that back quickly.
>>
>>When I started free lance work, possibly before you were born, on one of my first projects as an independent I hit the wrong key on a main frame keyboard and creamed a crucial table that people had assured me had been backed up and hadn't been.
>>
>>There were millions of the client's dollars riding on having that data.
>>
>>Fortunately someone had printed a report that told me what should have been there and the OS had not erased the data, just the pointers, so with a lot of effort, it could be put back together - sector by sector.
>>
>>That was on a Friday PM. I spent the next 48 hours writing low level code that pieced that table together and when the client arrived Monday AM it was OK.
>>All weekend, however, I had been watching my life savings flying out the window.
>>So I resolved that I wouldn't set foot in another client site till I had incorporated and went out and got it done.
>>
>>Aside from the liability issue, which is huge, there are lots of other reasons to incorporate and I've recovered that cost many times over the years.
>>
>>
>>
>>
>>>>I'm about to present a proposal to a client (on a freelance basis) and I'm in need of some verbiage to release myself of personal liability. I know the safest thing to do would be to form an LLC, but I was told that that's probably overkill for a freelance developer that doesn't plan on having steady freelance work.
>>
>>Any advice out there? Does anybody have some verbiage they would copy and paste for me? Thanks!
Regards. Al

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