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personal liability

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personal liability

The responsibility of a person to pay a debt or other obligation.If an individual signs a promissory note, that individual usually has full personal liability for the debt. An exception is the unusual situation of a nonrecourse individual loan,in which the lender agrees to look only to the collateral for recovery in the event of default.Some states protect consumers from liability for a first mortgage loan on a personal residence,and require that the lender must be satisfied with taking the home by foreclosure,but may not sue for a deficiency.If a corporation signs a promissory note, the individual shareholders will not have personal liability unless they signed a guarantee agreement or unless the lender is successful with an alternate legal theory such as “piercing the corporate veil.”



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Both the IRS and the DF&A can impose personal liability for the nonpayment of trust funds on the "responsible persons.
They can only avoid such personal liability if they can show they took every possible step with a view to minimising potential loss to creditors.
In these 'standard' partnerships, each partner has potentially unlimited personal liability for claims against the partnership where, say, they are not covered by insurance.
 
 
 
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