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HOW DOES BUSINESS ASSET PROTECTION WORK WITH NEVADA LLCs
A small sized start-up or a medium sized business planning to register in Nevada will definitely enjoy the many benefits the state offers in terms of taxes and business incentives. There is however a consideration that most businesses are required to make, which is the organizational type or form. A Limited Liability Company is the most opted form of business due to the asset protection Nevada LLC benefits that its owners or members enjoy. The question is how asset protection works in Nevada and how a business can benefit from it.
Protecting Assets by Forming Nevada LLC
Nevada is considered as one of the most favorable destinations for forming an LLC. Apart from the salient benefits the state provides, “limited liability” in itself is one of the greatest assets a Limited Liability Company can enjoy. Limited liability in the simplest of words translates to separating business assets from personal assets, so that creditors of the business are unable to touch personal assets. This is an integral part of asset protection for a Nevada LLC although some states like Nevada also have other types of asset protection plans to help businesses.
For some time now, asset protection has been an integral part of estate planning as trusts for members of a family are there to protect and preserve asset or property for use and benefit in the future. The question is – does this work for businesses as well?
When a business starts operating, at some point there is bound to be wealth creation and accumulation. The accumulated wealth creates the greater concern, which is losing it. Hence, there has been increasing emphasis on asset protection for Nevada LLCs. A Nevada Limited Liability Company plays a dual role when it comes to planning for asset protection and they are:
- Internal Trap: A Nevada LLC has been designed to trap any liabilities connected to business or asset. It traps them inside the entity itself and as a result, a member of the said LLC is not personally liable for such a liability.
- External Insulation: A Nevada LLC has the power to insulate its assets from the creditors of each individual member and thus protecting member assets.
Nevada LLC – Popular for Asset Protection
There are several states that provide asset protection and yet, asset protection for a Nevada LLC is considered the most popular. It is more so because the Silver State has some of the best protection laws in the nation for limited-liability companies. At the same time, it is important to understand that in order to maximize asset protection benefits in the state, a business entity will be required to obtain the utmost protection possible. How do you obtain a high degree of asset protection?
In order to enjoy asset protection for a Nevada LLC fully, you will have to consider your liabilities in advance so that you are able to structure and fund the limited liability company (LLC). The liabilities to consider are:
- Liability related to business debts: these types of liability are those that arise from LLC transactions
- Liability related to personal debts: these types of liability are those that arise from debts incurred due to personal or non-business activities.
Most often than not, businesses have the misconception that all assets within an LLC would automatically be protected from debt or liability but that is not the case; you need asset protection for a Nevada LLC plan to ensure that protection. This is not all, business owners may not realize but the greatest risk to their assets is from businesses and not personal transactions. The good news is that Nevada asset protection options provide a Limited Liability Company the platform to structure and operate in a manner that will negate the risk of assets being exposed to liability.
Nevada Law for LLC
Nevada is one of the few states considered to have a strong legal environment that is pro-business. The 2017 Nevada Revised Statutes, Chapter 86 – Limited-Liability Companies, NRS 86.371 states that a member or manager of an LLC formed under Chapter 86 of NRS cannot be held liable for any debt or liability of the business entity. This is an integral part of the asset protection in Nevada LLC laws.
The Nevada laws are favorable when it comes to asset protection and this is largely due to a provision that exists for the creation of a domestic asset protection trust (DAPT). Currently there are 17 states that have DAPT laws and these include asset protection of Nevada LLC laws. DAPT jurisdiction in Nevada is the strongest as compared to other states because of specific features mentioned in NRS Chapter 166.
There is a provision in Nevada law for asset protection for Nevada LLCs through a Charging Order. This order provides protection to assets by allowing a judgment creditor to receive distributions from a Nevada limited-liability company just the way a judgment debtor would receive. The laws of the charging order are governed by NV Rev Stat § 86.401 (2013). Let’s look at the following example to understand this well:
A creditor of a Limited Liability Company obtains a charging order from the Nevada court or local jurisdiction ordering the LLC to pay any distributions of property or money amounting to $40,000. In such a scenario, if there are no LLC distributions then payment would not be possible. As a result, the assets of the said LLC would be protected.
Protecting Personal Property
Although, a charging order may provide some relief to an LLC but not always, as a court order does have the power to freeze all your assets – how do you protect personal property in Nevada?
What is personal property? It is defined as any property or asset that you own excluding real estate. It could be your bank account or jewellery or even stock certificates and intellectual property. In order to understand asset protection for Nevada LLCs, you have to understand the fact that creditors find specific assets to be more attractive and valuable as compared to others. At the same time, creditors also consider the liquidity of a specific asset for satisfying the judgment brought against the LLC.
Once you have registered your Limited Liability Company in Nevada, the asset protection Nevada LLC laws will come into effect. Your assets or personal property that has been transferred to the LLC will receive the same protection as your business. As a result, the probability of your business being exposed to liability or getting sued is reduced considerably. Even if a creditor obtains a charging order to satisfy the judgment using LLC’s assets, he or she will be entitled to the LLC distributions only.
Want to know how Nevada LLC Asset Protection Works?
Asset Protection Trust in Nevada
Before you can think of the asset protection in Nevada LLC option, you need to identify, discuss, and then implement an asset protection strategy. Although, there are no specific trusts for a limited-liability company in Nevada, you can always opt for the Domestic Asset Protection Trust (DAPT). What is a DAPT?
A Domestic Asset Protection Trust is a type of irrevocable trust that allows the trust creator to become a discretionary beneficiary and at the same time offers significant protection to the assets held in the trust. There are features of NRS Chapter 166 that imparts immense value to the DAPT and asset protection Nevada LLC. The features are:
- Statute of Limitations Period: A DAPT jurisdiction like Nevada has a statute of limitations period, which should expire so that any assets in this trust can be protected from the creditor. Nevada has one of the shortest periods.
- No Exception Creditors: Nevada is one of the two states where no statutory exception creditors are applicable. This simply means that an exception creditor is someone with the ability to access DAPT assets post the statute of limitations period.
There is another type of asset protection for Nevada LLCs option that businesses can explore. This option is known as the Nevada Asset Protection Trust (NAPT) and it requires the LLC to transfer its assets into the NAPT, which is also an irrevocable trust. The NAPT provides insulation to LLC assets from any future judgments, lawsuits, and creditors. In order to operate this trust, an LLC will need to meet certain requirements. For instance, one of the trustees needs to be a Nevada resident.