OLYMPIA…
Under a bill proposed Wednesday, just 11 days until the
anticipated end of the 2009 legislative session,
corporate officers could be held personally responsible
for the financial debt of their corporations.
Senate Bill 6169 was introduced by Sen. Margarita
Prentice, the Renton Democrat who chairs the
Senate Ways and Means Committee. It is likely
intended to tap what some see as a funding source that
the state has apparently overlooked.
“The whole idea of a corporation is to protect the
personal assets of the corporation’s creators,” said
Sen. Mike Carrell, R-Lakewood. “This destroys the
fundamental concept of a corporation. If I was part of a
group thinking of forming a corporation, I wouldn’t do
it in the state of Washington if this becomes law. In
fact, it would likely drive current corporations out of
state where the risk of losing personal assets doesn’t
exist.”
Carrell says that under current law corporate officers
are on the hook for no more than the amount that they’ve
invested in the corporation. If
SB 6169 becomes law, current and former corporate
officers would be joint and severally liable for any
unpaid business and occupation or use taxes still owed
by the corporation.
Carrell went on to say that because the state is facing
a multi-billion dollar budget deficit, majority budget
writers are desperately searching for any money they can
find to make up for years of state overspending.
“I don’t claim to be a wizard in corporate law, but I
understand how bad this is for keeping corporations in
our state,” Carrell said. “This bill would disembowel
corporations in the state of Washington if it becomes
law. Who would want to be a corporate officer when your
house, your savings, your retirement fund and your
property is on the line? This is an absolutely horrible
idea.”
SB 6169 had a public hearing in the ways and means
committee Wednesday. Carrell said multiple business
organizations testified against the bill.