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ASSET PROTECTION .  LLC CHARGING ORDER PROTECTION  .  ALASKA LLC  .  WYOMING  LLC  .  FORECLOSURE PROTECTION
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A CREDITOR CANNOT FORECLOSE AGAINST YOUR MEMBER INTEREST IN AN ALASKA LLC

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ALASKA LLC & THE CHARGING ORDER PROTECTION

ALASKA LLC FLOWCHART

THE LLC OPERATING AGREEMENT FOR ASSET PROTECTION

SHELF CORPORATIONS & SHELF LLC'S  

ALASKA REGISTERED AGENT

ALASKA SECRETARY OF STATE INFORMATION

 

CONTACT

 

PRIMERA GROUP, INC. 

109 East 17th Street, #25, Cheyenne WY 82001

307.237.2580

Assetprofile@gmail.com

We don't provide legal advice or tax advice.  Please see a qualified tax advisor or an attorney.

 


NEWS

ALASKA DEALS FIRST BLOW TO "REAL ID"

 

 

 

ALASKA LLC OPERATING AGREEMENT

WE OFFER THE STRONGEST ASSET PROTECTION SOLUTIONS AVAILABLE TO SMALL BUSINESS OWNERS.

>> ALASKA LLC PRESENTATION <<

The operating agreement's function is to regulate the management and options of the LLC.  The truth is that all LLC Operating Agreements are not created equal.  Most of them are boiler-plate documents.

In Alaska, the creditor cannot foreclose against your interest in the LLC.

The LLC operating agreements that are optimized for asset protection have the following attributes:

  • They support the operating of a manager-managed LLC.  An LLC must be manager-managed to retain the charging order protection.

    • Most incorporators don't discuss this because they want the sale immediately, and don't spend the time to educate the client.

  • The LLC operating agreement must work in conjunction with other documents to strengthen the overall plan.  The LLC may hold the asset.  Alternatively, the LLC may hold the lien against the asset that's in your name.  Here's an example:

    • A promissory note that you sign, on behalf of your company, may encumber those assets to the Alaska LLC.

    • Your business (i.e. Wyoming company) assets are stripped of any equity or value through liens held by the Alaska LLC.

    • If the Wyoming corporation or Wyoming LLC is attacked by an abusive creditor, the Alaska LLC is paid first to satisfy the lien (creditor) of first priority.

    • All other creditors are waiting in line for payment and there may be nothing left.  It's okay to give up an empty corpse.

  • Consider using a protector.  This is a person who approves the decisions of the manager, can veto the manager, replace the manager and serves as the advocate for the members.  This person can be anyone you trust, or your attorney.

THE MOST PROTECTION IS AFFORDED BY AN LLC WITH THE FOLLOWING ATTRIBUTES:

  • Manager Manager LLC

  • Taxed as partnership

  • At least two members

  • Strong and aggressive operating agreement

  • Supported by liens, encumbrances and promissory note(s)

  • Properly dated and filed documentation supporting the capitalization and debt to the Alaska LLC.

  • Use an Alaska LLC that will protect you from a creditor who attempts to foreclose against your LLC interest.  They can't because it's disallowed in Alaska.

 

THIS IS NOT LEGAL ADVICE.  PLEASE SEE A QUALIFIED TAX ADVISOR BEFORE ENGAGING IN ANY ASSET PROTECTION, BUSINESS PLANNING OR ESTATE PLANNING.

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Alaska LLC within 24 hours

$1000 Set up

  • Alaska LLC
  • Special Operating Agreement
  • Promissory Note to Contribute Assets
  • Manager to keep you off public record
  • Two New Mexico LLC's to serve as members on the public record
  • Consulting & Support

$500 annual renewal


FACT: ALASKA offers an LLC where the member's interest cannot be foreclosed.  Alaska Sec. 10.50.380 (Rights of Creditors)

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FACT: The Alaska LLC serves as a friendly creditor.  Sign a promissory note indenting assets to the LLC.  Now the LLC has a right to enforce your contribution to the LLC.

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FACT: REVENUE RULING 77-137 makes the IRS your friend.  The IRS makes your creditor liable for taxes after the creditor obtains a charging order against your interest in the LLC.  This is like a "wage attachment" of sorts against your LLC interest.  The creditor doesn't want to pay taxes on a "paycheck" it hasn't received. 

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Creditor realizes it can't foreclose against your interest in the LLC and assets cannot be forced out.  He's forced to wait, and wait, and pay taxes during this time.  This encourages him to go back to the negotiation table and work out a settlement, after he's won the lawsuit, after he obtained the charging order...he wants this to go away.

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Asset protection from abusive litigators and from undeserving persons.