If there is fraudulent activity found on a business bank account (C corporation) can the business owner be personally held responsible?

Asked 11/3/2009 under Business | 191 View(s) | More Legal Topics

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Business Law Answers

The short answer is yes, maybe.  Ultimately, here are different ways the owner can be held personally liable:

1. Ultra Vires/Piercing the Corporate Veil -- if the activities render the corporation just a name and really the activities of the owner in a fraudulent manner, then the court will go past the corporate structure (pierce the corporate veil) and render the owner and/or directors personally liable.

2. Commingling the account into a personal account or personal uses.

3. If the company requires licensure in a state or with the federal government, oftentimes there are provisions in each state it is licensed that call for separate liability of each principal (which includes owners, executive officers, etc.).

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