Welcome to the Richardson & Associates Business Management Consulting website.
We welcome the opportunity to be of service and assistance to you on an individual ‘one-on-one’ basis, as well as, to your company, clients and associates.
Richardson & Associates specializes in the following areas of professional expertise that include:
RICHARDSON & ASSOCIATES will assist you with our expertise and professional services on a ‘one-on-one’ personal contact basis. All information and communications are kept private and confidential. This is a very ‘DISTINCT ADVANTAGE’ that our reputation is based upon and that we take great pride in.
“ASSET PROTECTION” SERVICES – CONFIDENTIAL AND SECURE!
RICHARDSON & ASSOCIATES offers complete “ASSET PROTECTION LLC” Services for you, your clients… or associates.
We can establish your ASSET PROTECTION LLC’s in NEVADA, WYOMING or DELAWARE.
NOTE: DELAWARE IS STILL THE BEST STATE TO FORM YOUR LLC. A very necessary and ‘distinct advantage’ of RICHARDSON & ASSOCIATES is that ‘ALL’ personal information is kept private, confidential and totally secure. We provide all of our Clients with ‘ONE-ON-ONE’ PERSONAL SERVICE, designed specific to your needs and requirements.
FACTORS FOR YOUR CONSIDERATION:
- COST FACTOR – ATTORNEYS WILL CHARGE ‘FAR MORE’ FOR THIS SERVICE. Attorneys Consult with us for ‘our expertise’ and refer Clients to us.
- TIME FACTOR – YOUR “ASSET PROTECTION LLC’S”… ARE OUR “ONLY” FOCUS. Attorneys, unfortunately, have many distractions and time delays. NOTE: OUR PROFESSIONAL ASSOCIATES EXPEDITE YOUR SERVICE.
- AVAILABILITY FACTOR – IMMEDIATE ACCESS TO OUR PROFESSIONAL STAFF – SEVEN DAYS A WEEK – UNITL 10pm (PST) for YOUR CONVENIENCE. NOTE: An “Asset Protection” LLC. can be used to hold and protect real estate assets, income-producing accounts or to collect rents for your rental real estate for example. It can also be used to hold business and personal accounts, personal assets and funds, equipment, vehicles and intellectual property. For detailed information regarding our services contact: Joseph Richardson – Specialist directly at (208) 699-7661
- A Nevada LLC doesn’t have to pay Nevada state income tax and is not required to pay for Federal taxes but needs to file. LLCs by default do not pay taxes. All income and losses pass-through to you as a member. So if you have losses in your LLC you can claim it against your personal income on your individual 1040.
- Nevada LLC members cannot be sued for the LLC’s liability: The following is a direct quote from the Nevada Revised Statutes: (NRS 86.371) Liability of member or manager for debts or liabilities of company): “Unless otherwise provided in the articles of organization or an agreement signed by the member or manager to be charged, no member or manager of any limited liability company formed under the laws of this State is individually liable for the debts or liabilities of the company.”
- No state tax in Nevada.
- The State of Nevada does not share information with the I.R.S.
- Asset protection: Nevada is one of the toughest states in which to pierce the corporate veil, and an “asset-protected” LLC will stand up against any creditor or any lawsuit.
- Universal Eligibility: You do not have to be US citizen to form an LLC in Nevada.
- The owner’s name entered on the Articles of Incorporation, and “will not” appear on the State of Nevada’s official web site that is available to the public, only the Directors name is now required by Federal Law.
- I can provide ‘Privacy Services’ through ‘Nominee Agreement’ for Director.
LLC held assets cannot be seized by a member’s creditor. Even if the creditor gets a judgment against a member, the creditor cannot get to the property owned by the Asset Protection LLC. The creditor has what is known as charging order remedy. Under which, if the creditor gets a judgment against a member of the LLC, the creditor is only permitted to collect any actual cash distributions that are made by the company to the member. Therefore, if no distributions are made to the member, there is nothing to collect.
The “Asset Protection” LLC can be used to hold income-producing account or to collect rents for your rental real estate. It can be used to hold real estate assets, vehicles, accounts, equipment, and intellectual property or to place friendly liens on these assets to prevent judgment or tax liens.
I SUGGEST FORMING 2 LLC’S:
1.) An ‘OPERATING’ LLC. and 2.) An ‘ASSET PROTECTION’ LLC.
I will set up the “Operating LLC” first. Then, I will form the “Asset Protection” LLC. Therefore, the “Operating LLC” will work as the main business entity and “Operating LLC” and will act as the manager. The reason for this is so that you can transfer property and assets into the “Operating LLC.” from any source eliminating a paper trail prior to placing those assets into the “Asset Protection LLC.” This may seem confusing at first but the entire purpose of doing it this way is to provide you with the maximum protection of your property and assets once they go into the “Asset Protection LLC.”
Additionally you can use your “Operating LLC” for conducting current and on-going business for projects you are currently working on and once complete, you can transfer those clear assets into your “asset Protection LLC.”
I WILL PROVIDE YOU WITH THE FOLLOWING SERVICES:
- Preparation and filing of your Articles of Incorporation with the Secretary of
State of Nevada. This includes all Nevada Secretary of State filing fees.
- Registered Agent – Registered Agent service for the first year is included in the fee. This will include Appointment and payment of resident agent and registered office service for both of your LLC’S as required by Nevada law.
- Privacy Service – so that your names are not shown on any state website.
- Tax I.D. number -IRS Form SS-4 – EIN (Employee Identification Number) for both LLC’s.
- Your Nevada Address – You can receive any and all types of mail at this address. This will be your Nevada’s LLC address. I will set up seperate Nevada Addresses for both LLC’s.
- If you want your “Operating LLC” to be an S-Corp, you must file the S-Corp election form with the IRS within a specific time. I will help you file this form if necessary.
- I will furnish the Operating Agreement and the By-laws for the “Asset Protection LLC” This is the document describing the provisions of the LLC. This 100 page document is an attorney-drawn document that covers every aspect of an LLC’S business provisions. NOTE: The Operating Agreement or the bylaws do not have to be filed with the State of Nevada.
- I will also furnish you with all the necessary By-laws for the “Operating” LLC.
- I will search and secure the names of both of your LLC’S that will be registered with the Secretary of States Office in Nevada.
- I will assist you with the necessary documents, and bank contacts, for opening your Nevada Bank Accounts for both the “Operating” LLC.” and that of your “Asset Protection” LLC. Please note that a Tax ID (EIN#) from the IRS and a file stamped copy of the LLC’S Incorporation with the Secretary of State of Nevada will be required to open a bank account.
- You will also be provided with a contact list for a Nevada CPA, Attorney and Business Insurance referrals.
- I will provide you with a reasonable amount of consultation so you always know how to use and maintain your LLC.
- I will provide you with the following additional services as needed and necessary:
- Assistance with transferring of properties and Assets into your “Asset Protection’ LLC. I can do all the complicated planning and paperwork to move assets into the LLC for you, WITHOUT triggering taxation on the transfer.
- Additional Consulting Service that you may require.
NOTE: A very necessary and ‘distinct advantage’ of RICHARDSON & ASSOCIATES is that ‘all’ of your personal information is ‘always’ kept confidential and totally secure. We provide you with ‘one-on-one personal service’ designed specific to your needs and requirements. We are readily accessible and available to assist you as needed and when necessary on an ‘on-call’ basis 7 days a week unitl 10pm (PST) beyond regular business hours. This is a ‘very distinct advantage’ of our ‘PERSONAL SERVICE’… we provide ‘you’ with immediate access to us and to our professional expertise in absolute privacy and with complete confidentiality.
ASSET PROTECTION TRUSTS
In reality, most trusts that are set up as hybrids never have to become true offshore trust. The reason is that most creditors quickly back off once they find that an International Asset Protection Trust is in the picture. If the lAPT was set up long enough ago that there is no issue of fraudulent conveyance, then the creditor knows that an attack is futile. In fact many creditors that could make a fraudulent conveyance argument rarely do. It is simply too expensive for them to go down that path. In 20, years our company only two trusts needed to convert to offshore status. In all other cases the creditor either walked away or the client was able to negotiate a satisfactory settlement.
Elements of an International Asset Protection Trust:
There are various elements to a trust that make it an International Asset Protection Trust.
l.1t has a U. S. Managing Trustee
2.1t has an offshore Custodian Trustee or Standby Trustee
3.1t has a U.S. Protector
4.1t has a foreign registration in an asset protection county
5.1t states clearly in the trust document that the trust is a U.S. Grantor Trust for tax purposes
Most clients want to be their own Managing Trustee. This is ill-advisable. This control will
immediately allow a creditor to get access to the trust assets. If properly done a client can be the Protector if necessary. But, even this position ideally should be someone else.
The Custodian Trustee is a trust company in a foreign jurisdiction and normally an asset
protection country such as Belize, the Cook Islands, or Nevis is used. These countries are
considered asset protection jurisdictions because they have trust laws that support International Asset Protection Trusts and prevent any access to the trust or its assets.
As mentioned the International Asset Protection Trusts are set up as U.S. Grantor Trusts at inception. However, in the face of a very aggressive creditor, the trusts can morph into a true foreign asset protection trust. Once that happens there is no longer a U.S. Managing Trustee or a U.S. Protector. Thus, there is no U.S. presence and ‘no’ U.S. court can gain jurisdiction over the trust. The Asset Protected Trust is now managed in a jurisdiction that has laws and policies that are favorable to the trust, the trust Settlor and the trust assets.
Obviously the trust document for an International Asset Protection Trust is a very specialized and finely tuned Client specific instrument. This is not something that is available from a foreign trust company. There are no foreign trust companies that make this document available to the general public.
Contact: JOSEPH RICHARDSON – Asset Protection Specialist
Richardson & Associates – (208) 699-7661