We've had limited liability for centuries, and it's completely critical for getting people to invest in businesses. Without it, nobody dares open anything larger than a lemonade stand, unless they're already extremely wealthy.
To put it another way, we managed to run the industrial revolution with pervasive unlimited liability, so it seems likely that 'completely critical' is substantively overstating it.
We should be striving to equalise access by both the poor and the wealthy to making money. Limited liability makes it safe for little investors (the people who can't afford a personal lawyer and accountant) to invest in a company.
Take away the limits, and it is no longer safe for small investors to invest in large companies. A big scandal and small shareholders could be wiped out. People who, realistically, had no actual control over the corporation and who were just trying to tap in to the wealth creation engines of the broader economy.
Removing limited liability provisions (1) doesn't target the executives, who are decision makers and (2) tips the field towards an "only the wealthy can afford the risk of investing in stock" equilibrium - even if just a little bit.
LLC isn't a serious mechanism to "privatise gains, socialise losses". That is achieved when the US government sweeps in and gives large cash infusions to incompetent bankers so they can pretend that bankruptcy is a mysterious phenomenon that threatens consumers rather than being a realisation of the incredible damage that they are doing with their own bad decisions. You can easily have both well remediated minesites and LLC laws in the same story. Just beef the regulation up a little.
I’d argue that limited liability mostly benefits the wealthy, as they’re the ones that:
1. Can afford to set up their affairs as a corporation instead of a sole proprietorship or partnership
2. Keep the rest of their assets safe (because they have a lot!) if something goes awry
You don’t need limited liability if you have few assets to go after anyway.
The people with resources would set up ad-hoc schemes like that would limit their liability somehow, slipping loopholes in to the legal system. The small players wouldn't have the resources to play that sort of game. The more there is to lose the more effort would be diverted into protecting it.
The beneficial owners of the shells should be revealed anyway.
I’m okay with the wealthy having to hire an army of accountants instead of just pocketing it all. Taxes would be better though.
It’s all an academic exercise though as some country will allow limited liability.
To the last point, losing everything, even if it's less, would be more devastating than a richer person losing half of what they have in a judgement. So a poor person needs a LLC to avoid the calamity of everything being taken.
Before LLCs it was only established families or folks with very wealthy patrons/backers who started companies. Now millions of people from every financial status do so. The proof of the pudding is in the eating.
2. What's a lot? Losing even a $100K house is devastating. Having a failed business's creditors take away everything because a customer fails to pay a bill in a timely manner and causes a cascade of failed bill payments from the business is crazy... which is the main reason you incorporate - routine business risks are... riskier than most people's personal life.
Limited liability is a tool for everyone and I would argue matters more the less wealthy you are. I say that having started four businesses, with about a month worth of operating cash... Started three part time on the side, and without the corporation self-employment tax alone would have crushed the business, let alone a lawsuit against my family because of a routine business issue. It also helps in reverse - a financial problem a partner in a small business has generally is not able to reach through the business to take assets from the company. It might change who the owners are, but it doesn not allow people to reach through to the business.
These are not issues of the rich.
Bills and other debts can be subject to limited liability when the other party explicitly agrees to it.
My point was that damages to 3rd parties who didn't agree to the conditions of limited liability, like people affected by hazardous chemicals(see https://en.wikipedia.org/wiki/Bhopal_disaster), unsound structures, unsafe workplaces, environmental damage and so on should not be denied restitution because of limited liability. Neither should the taxpayers pick up the tab in such cases.
I believe law firms still go for the insurance approach in the UK.
It’s also why you’ll see professionals put their home in their spouse’s name, just in case.
I'm slightly surprised to have to argue on a site built on providing venture capital as equity to startups that also issue equity to employees that exposing all those investors to the risk of losing their homes as a result of action by those they have only a very limited control over is a bad idea.
> what do you think happens in countries that don't have limited liability companies?
There is an excellent book on this, The Other Path by the economist Hernando de Soto, on extra-legal systems in Peru.
And in Third World countries where you don't have good formal legal systems, the environmentally destructive exploitation projects still happen, with the complicity of the political structure - and often substantial amounts of extra-legal violence. At least in the US you can sue Cloud Peak Energy without getting your legs broken.
It's also worth looking at what happened to the Lloyds "Names", who were supposed to be unlimited-liability reinsurers.
None of this is to say that coal companies should be allowed to commit environmental damage and get away with it, but it does mean that the system needs to be better in preventing this in the first place.
Its funny that every time when poor people ask for something like student debt relief, the familiar old sermons about personal responsibility are trotted out. But when the rich are asked to be held to the same standards, we are told that it is just not possible, society itself would collapse and so on.
Why are people so crazy about money as to rationalizing fucking others and even themselves over?