Liability protection that depends entirely on the formalities being observed.
Esshaki Legal Media TeamCurrent as of April 2026
A single-member LLC provides limited liability with minimal administration, and
that minimalism is also its principal risk.
Tax treatment. Disregarded for federal income tax purposes by default,
reported on the owner’s return, with an election available to be taxed as a
corporation. It remains a separate entity for liability, employment tax and
state law purposes.
Veil piercing. Courts examine commingling of funds, use of the entity to pay
personal expenses, undercapitalization, and whether the entity was operated as a
distinct business. Failure to observe internal formalities is expressly excluded
as a ground in several statutes, which narrows the analysis to the financial
separations — and makes those decisive.
Charging order protection may be weaker than for multi-member entities, as
several courts have permitted foreclosure of the membership interest where no
other member requires protection.
Practical requirements. A written operating agreement, even with one member,
because lenders, title companies and courts ask for it and because it documents
authority. A separate bank account, always. Distributions taken as distributions
and recorded. Contracts signed in the entity’s name with the signer’s title.
Succession. Provisions addressing what happens on the member’s death or
incapacity, since without them the entity may dissolve or be paralysed while an
estate is administered.