Using LLCs in Agriculture: Beyond Liability Protection

Sponsored by the Agricultural and Food Law Consortium

Topic:

Since every state statutorily authorized the Limited Liability Company (LLC) as a business structure, the LLC has become a popular entity choice for farm businesses.  But while often touted as a silver bullet for liability protection, the LLC is limited in its ability to shield a business from liability.  Conversely, the LLC provides other benefits for agriculture beyond liability protection.  This webinar will provide an overview of the history of the LLC and an explanation of divergences between state LLC statues, then will focus on recognizing the limitations of LLCs while capitalizing on other values LLCs offer agriculture.

Topics covered in this webinar will include:

  • A history of the LLC and comparison of differences among LLC statutes
  • Relevant court cases on LLCs and liability
  • Limitations of using the LLC for liability protection
  • Advantages and disadvantages of single member LLCs
  • Strategies for using LLCs for land holding
  • Multiple LLCs for farm business and estate planning

Participation:

This webinar was recorded on August 16, 2017.  To listen to a recording of the webinar, please click here.

Presenters:

Robert Moore
Wright & Moore Law Co. LPA

Robert joined Wright & Moore Law Co. LPA in May 2004. The primary focus of his practice at Wright & Moore is business organizations, real estate transactions, landlord/tenant issues, and contracts. Wright & Moore Law Co. LPA, located in Delaware, Ohio, primarily focuses its practice in the area of agricultural law.

Robert was raised on a dairy farm in Coshocton County. In addition to the dairy, his family raises beef cattle, hogs and sheep, and produces hay and grain. Robert remains active in the operation. Growing up, Robert was a member of 4-H and FFA. Robert graduated from Riverview High School in 1987.

Robert received a Bachelor of Science degree in Dairy Science and a Master of Science Degree in Agricultural Economics from the Ohio State University. Upon graduating from OSU, Robert spent four years as an Agricultural Extension Agent in Fairfield County and five years as an Extension Associate in the Department of Agricultural, Environmental and Developmental Economics. While employed at OSU, Robert attended Capital University Law School’s evening program. In January, 2005 he graduated Cum Laude. Robert was admitted to the Bar in May, 2005.

Chris Hogan
Ohio State University Agricultural Law and Taxation Program

Chris Hogan is a Law Fellow with OSU’s Agricultural Law & Taxation Program. Chris is a graduate of West Virginia University College of Law, where he received his Juris Doctor in 2016. An Ohio native, Chris earned his B.A. in History with a minor in Agribusiness from The Ohio State University in 2012. While an undergraduate student, Chris coordinated a shale gas landowner education grant for the Agricultural & Resource Law Program. Chris is currently responsible for several legal research projects, including an examination of Limited Liability Company statutes across the Midwest region and a comparative analysis of property tax assessment laws for farms across the nation.

Research & Materials:

Powerpoint