The final regulations generally provide for the following valuation events: (1) a more-than-de minimis contribution to a disregarded entity of property, other than property pledged to secure a partnership
liability; (2) a more-than-de minimis distribution from a disregarded entity of property, other than property pledged to secure a partnership
liability; (3) a change in the legally enforceable obligation of the disregarded entity's owner to make contributions to the disregarded entity; (4) the incurrence, refinancing or assumption of an obligation of the disregarded entity that does not constitute its payment obligation under the regulations; and (5) the sale or exchange of a non-de minimis asset of the disregarded entity in a transaction outside of the normal course of business.
Under Statement 5, Accounting for Contingencies, you were not expected to book a
liability unless there was a 50 percent chance or greater that it would be due.
If alliance members are found to be operating in a joint venture, that might give rise to vicarious
liability for those members.
Under "Superfund" regulations (Comprehensive Environmental Response, Compensation and
Liability Act), every party that ever owned a property can be held liable for environmental damage arising from it--even if the damage occurred years ago when the property was owned by others.
4) Either the
liability's amount is not material or the
liability's accrual in the earlier year results in better matching of the
liability against the related income.
A commercial general
liability policy is not sufficient to respond to the broad range of risks confronting fiduciaries.
The survey showed that 33% of private companies do not purchase any type of management
liability insurance product (which was defined in the survey as directors and officers
liability, employment practices
liability, fiduciary
liability, errors and omissions, crime, kidnap/ransom and extortion, and workplace violence expense).
In most civil actions involving claims against an employer for harm caused by employees, the employer is subject to
liability for the harm caused by the employee provided the employee was acting within the scope of employment.
Actions by directors that appear less than judicious in retrospect may be protected from
liability by the business judgment rule, state statutes, and insurance and indemnification.
Such benefits would be reduced by recording a
liability for an amount representing the best estimate of payments (including interest) to taxing authorities.
Rated on the loss experience of its policyholders, the program is not directly affected by any
liability losses of the largest firms, which are not insured in the program.
Under the Provider
Liability Law, a TSP's
liability to a third party claiming infringement generally is limited, unless it knows or has reason to know that information on its network infringes on the rights of a third party.
"If you're going to reap the economic advantages of selling your product abroad, you'll have to face the lawsuits, too," says Victor Diaz, one of the best-known attorneys in
liability cases involving Latin America.
The
liability risks for mischaracterized spent materials may extend beyond the costs of cleanup.