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Common Asset Protection Mistakes

What are common mistakes made in asset protection?

There is much confusion and hype in the Asset Protection business about how to best protect assets. While some methods may be better than others the operative word is "best".  Don't be Penny Wise and Dollar Foolish; To Have The Best, Do It Right with the Best.

1. Trusts. Trusts alone are designed to protect a family's assets from public probate.  Standing alone for asset protection they are like playing "Hide & Seek" and will not protect income and assets against a judgment.  With a judgment, when the judge finds a trust associated to you they may simply force you to name your creditors as the beneficiary of the trust. However, with the proper structure and strategy, a Trust can be a powerful assist as an asset protection tool when used in conjunction with an LLC to protect the beneficial interest with charging order protection. Just be sure it's structured correctly.

2. Self Help Kits & Forms.  Americans love hacking their way to the cheapest option.  An enormous cottage-industry exists selling corporate kits & forms including “customized” Articles of Organization for the State of your choice, “elegant” binding material and embossing seals.  Like Mad-Libs© of the corporate world, these are sold as “educational materials” and do not represent any sort of service component, business investment in the State nor satisfaction of any state's nexus requirements.  For a non-Nevada resident owning a Nevada company, check out NRS 86.241 if you have any confidence in the fine faux-leather “kit” on your shelf. These cheap and easy 24 hour formation only promotions are not operational by law (NRS 78.050) with no legal ability to safely conduct business or protect assets. These programs usually try to pass off the Registered Agents office as your "Virtual Office" without telling you that it cannot be insured or legally proven. Additionally, laws change. If you bought a compliant kit today what assurance is there it will be compliant in the future. Should the company face a lawsuit; a judge will determine if the company has a compliant “Nevada Nexus".  Opposing counsel would love to try the case in any jurisdiction other than Nevada.  If deemed to be a facade, nexus typically defaults to the owner's resident state highly increasing the likelihood that the non-compliant corporate veil will be compromised with potential severe consequences.

3. Insurance.  You get what you pay for; but not always.  The insurance industry's actuaries' premiums are calculated to a high degree of precision.  If those premiums seem excessive, understand that whatever you are hoping to insure carries a significant risk to their business. While Insurance is important for damage control, it's always in your best interest to have Nevada State Laws protecting your interest rather than a conditional policy that can be negotiated and changed, at will, for the Insurance Company's benefit. The LLC's architecture was designed to mitigate common risks in the organization regardless of the size of the organization.  Whether you are a single owner of an LLC or command a large corporation, the protective benefit is the same in shielding assets and income plus tax benefits. Insurance is for damage control, not shielding assets.

4. Attorneys.  In a lawsuit or facing a charge, attorneys will fight valiantly for your interest.  But in the event that you don't prevail would your personal assets be safe?  Would your family and community assets be protected from seizure just because you had fantastic attorneys? Attorneys may be able to delay the process (more fees) but the obvious answer is "NO", unless the family and assets were protected before the lawsuit. Ironically, those same unprotected assets might also face seizure by the very attorneys being paid to defend you should you lose and owe legal fees. The most basic LLC, if set up correctly, will erect a legal wall between personal liability and the company's liability.  It's simple, safe, affordable, and backed by State Law. To assure protection, Corporate Nevada excels at having all bases covered taking full advantage of Nevada's Nexus benefits.

5. Procrastination. Not setting up adequate asset protection before a problem arises can be totally devastating.  Even if setting up protection can make a difference after the fact it is typically much more expensive as the client must now be made "judgment proof". Many times it is just too late. Time is of the essence. Don't procrastinate, an ounce of prevention is worth a pound of cure. Do It Right and beware of analysis paralysis.

Corporate Nevada Ltd. is an association of Professionals, with over 30 years experience, providing the best low cost Nevada Full Service Compliance and true Nevada Nexus to combine all necessary requirements for a strong foundation to build protection and success. The economy of "Bundling" can provide all inclusive full service with discount fees with no reduction in speed, service or support. To Do It Right; you can do no better than Corporate Nevada. The Best for Less, guaranteed.

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