2025 Session Last amended: 2014 session

§ 322C.0304 — Liability of Members, Managers, and Governors

Plain-Language Summary

Members, managers, and governors of a Minnesota LLC are not personally liable for the LLC's debts just because of their role. The LLC's debts belong to the LLC alone. Failing to observe internal formalities (like holding meetings) is not a basis for piercing the LLC's liability shield, but courts may still pierce the veil under the same standards that apply to corporations.

Practical Notes
When this applies: When a creditor or plaintiff tries to hold LLC members, managers, or governors personally responsible for the LLC’s obligations. Who this affects: LLC members, managers, governors, and creditors. Key points: This is the core liability protection of the LLC structure. Unlike corporations, the failure to hold annual meetings or keep formal minutes cannot be used as a reason to ‘pierce the veil’ of an LLC. However, courts can still pierce the LLC veil using the same legal standards applied to corporations, such as when the LLC is used to commit fraud, is inadequately capitalized, or when the member and LLC are treated as the same entity. Maintaining separate finances and adequate capitalization remains important.