Long live the limited liability company was RE: How do you calm down the hot-heads?

From: Rafal Smigrodzki (rafal@smigrodzki.org)
Date: Wed Sep 10 2003 - 19:37:41 MDT

  • Next message: Natasha Vita-More: "Re: How do you calm down the hot-heads?"

    Randall Randall wrote:

    > Well, limited liability is a State-enforced distortion of
    > the market, rather than something inherent in the market.
    > I agree that limited liability should be abolished.

    ### Why? Don't forget that tort liability (and this is the liability we are
    talking about) is a almost always a function of the state court system, so
    its limitations/extensions are not a matter of physical law, but malleable
    convention, to a larger extent than e.g. contract law, which has a more
    direct recourse to game theory, and reciprocity-based moral intuitions.

    I see no reason why limited liability should be prohibited. This legal
    convention allowed some increases in investment, especially for poor people.
    Tort liability in this context can be satisfied by liability insurance
    carried by the LLC. The assessment of risk performed by professional
    adjusters for the insurance providers would determine the premiums, which
    directly translate into increased stock prices of dangerous companies, and
    provides incentives for limiting liability exposure (by e.g. adopting safer
    business practices).

    Without limited liability, stock owners would assume unlimited liability,
    and only the professionals or the foolhardy can do that repeatedly.
    Alternatively, only stocks carrying sufficient liability insurance would be
    widely traded, but this would not differ from an LLC with insurance in
    anything but name.

    Abolishing LLC would change little in the economy, except for some names,
    decreased reliance on stock for funding, increases in reliance on credit,
    and maybe increased use of commercial insurance by businesses. The
    non-professional investor would lose, and consumers would not gain.

    Rafal



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