Nevada LLC Law

Date: 11/12/2019 | Category: | Author: Martin Pouzar


Nevada is one of the few states that provide a business friendly climate and a strong Nevada LLC law that intends to protect a business enterprise and provide valuable information regarding its formation and operation in the state.

An Introduction – Nevada LLC Act

The current Nevada LLC Act is known as the 2013 Nevada Revised Statutes, Chapter 86 – Limited-Liability Companies. Some of the most important laws related to the functioning and existence of a Limited Liability Company were first defined in the Nevada statutes between 1991 and 2001. The Chapter 86 – Limited-Liability Companies were added to Nevada Revised Statutes in 2005.

What does the Nevada LLC Law comprise of? It provides important information pertaining to operations, filing requirements, fees, agents, provisions, business name, registered agent, organizational existence, general powers, operating agreement, management, capital, profit, liability, and dissolution among others.

The primary objective of the Nevada LLC Act is to help businesses to legally operate in the state. The NRS86 of the Nevada Revised Statutes are considered to be pro-business and thus enables a business friendly legal as well as a tax environment. If you are planning to establish your business in Nevada then you will be required to file necessary formation or registration paperwork and meet requirements as specified by the Nevada Limited-Liability Companies Act.

Nevada LLC Name Requirement

The Nevada LLC name requirement is an important aspect of business formation in the state and is governed by Chapter 86 of the Nevada LLC Act. Naming requirements for a business entity can be categorized under two subsections and they are:

  • Naming Guidelines
  • Name Availability Check

Naming Guidelines

A business name is integral to any organization and is one of the most important aspects of forming an LLC in Nevada. There are certain naming requirements governed by the Nevada LLC Law that businesses will have to comply with. Let us look at the key naming guidelines as set forth in the 2013 Nevada Revised Statutes.

  • The name of your business entity must contain phrases like Limited-Liability Company, Limited Liability Company, Limited Company or Limited. The name may also contain abbreviations like L.L.C., Ltd., LLC or LC. The word “company” can also be abbreviated as Co. This is governed by Nevada LLC Act – NV Rev Stat § 86.171 (2013).
  • The proposed name of your business entity should be distinguishable from any other name on the records maintained by the Secretary of State.
  • The business name should not contain words or phrases that could be confused with government agencies like state departments, treasury, department of taxation etc.
  • The Nevada LLC Law, Title 7 of the Nevada Revised Statutes, advocates that the usage of certain words in a business entity name may be restricted.

Note: If you are planning to form a professional limited liability company then the naming guidelines according to Nevada LLC Act must contain specific words and phrases. The name should contain words like Professional Limited Liability Company or abbreviations like “Prof. L.L.C.,” “P.L.L.C.,” or “PLLC”.

Name Availability Check

Once you have identified a business name that is compliant with all requirements of the Chapter 86 – Nevada LLC Act, the next step is to check if the chosen name is available so that you can reserve it with the Secretary of State.

You can use the state portal for Nevada Business Search to check the availability of your chosen business name. In order to accomplish an effective search, you will have to type the business name without any identifiers like L.L.C or LLC as mentioned in Nevada LLC Law. This search will return names that are either the same as chosen by you or similar. Let’s look at an example:

  • If you search the name “Ibiscus” and choose the option “Name Starts With” then it will show the result as -“No records found with your search criteria.”
  • If you search the name “Ibiscus” and choose the option “Name Contains” then it will show the result as – “Your Search Criteria returns 300 results”. It will show information like Name of the business entity, its status, filing date, type of entity, business ID and entity number.

It is highly recommended to conduct a detailed search using all possible parameters prior to applying for name reservation.

Articles of Organization Requirements

You can form any type of business in the state of Nevada but if you are planning to start a Limited Liability Company then Chapter 86 of the 2013 Nevada LLC Act requires a business to file specific documents related to the formation. The most important document for new business registration in Nevada is Articles of Organization, which has to be filed with the Secretary of State along with the required fee.

There are certain provisions that have been set forth by NV Rev Stat § 86.161 (2013). This chapter of the Nevada LLC Law requires a business entity to provide specific information regarding the organization. The Articles of Organization should contain the following:

  • Name of the limited-liability company
  • Name and address of the registered agent of LLC to enable service of process
  • Name and address of the owners, members or managers of LLC
  • Statement providing information of the company being managed by one or more owners, managers, and members.
  • Statement providing information setting forth the relative rights, duties, and powers of the series

You can file the Articles of Organization through mail, by hand, and online.

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Nevada LLC Members Information Requirements

There are several advantages of forming an LLC as the Nevada LLC Act does not require it to follow the same rigorous operational requirements as is the case of a corporation. At the same time, an LLC can have a single owner or multiple owners often known as members. One of the salient aspects of a Nevada LLC is that the state does not require owners or members to residents of the state.

The Nevada LLC Law also allows a Limited Liability Company to employ non-economic members. Such members will not own any portion of the LLC but will still have voting rights of economic members. There are specific Nevada requirements for LLC members governed by NV Rev Stat § 86.291 – § 86.326 (2013) that need to be met and these are:

  • Nevada LLC Act states that a Nevada Limited Liability Company should have at least one member or manager
  • All members of LLC should be 18 years of age or older
  • An LLC in Nevada will have to provide a list of LLC members within 30 days after it has been formed or registered. This list is also known as the Initial List
  • Nevada LLC Law requires names and addresses of members to be listed in the Articles of Organization
  • The members and their rights, powers, and duties need to be mentioned in the operating agreement.

Asset Protection for Nevada LLC

One of the salient benefits of forming an LLC in Nevada is their “Asset Protection law”. The Nevada LLC Act does not require businesses to list company assets hence a member will not be responsible for any liabilities of the LLC.

In the state of Nevada, a business will enjoy favourable laws related to asset protection and will be able to create an asset protection trust. Since this protection trust is under the purview of Nevada LLC law and Nevada asset protection statutes; it will protect members or the LLC assets from creditors seeking to pursue a legal case.

The Nevada asset protection trust provides protection to a wide variety of assets including personal property, family heirlooms, real estate, bonds, stocks, and cash among other assets. There is another asset protection option and it is known as the “charging order”. The strong and pro-business Nevada LLC Act provides the opportunity to single-owner and multi-owner LLC’s to use the charging order for protecting assets.

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Nevada LLC – Business License

Date: | Category: | Author: Martin Pouzar


An integral part of the process of forming a Limited Liability Company is applying for a Nevada business license. A new business whether it is into manufacturing, services, retail, or scientific innovation, the businesses can become operational only if they have the required permit or license.

Introduction – Business License for Nevada LLC

Nevada is one of the top states when it comes to providing a pro-business environment to start-ups. The state and local government have committed themselves to ensure Nevada businesses enjoy a low-regulation environment and this includes low cost start-up, and streamlined Nevada LLC business license process.

A business license is a document that confirms that a business can operate in a specific jurisdiction in Nevada or anywhere within the state. The license is a type of permission issued to a business depending on the type of business or industry. The licensing process is different for different states and there are specific organizations that do not require a Nevada business license. They are:

  • Government entities
  • Non-profit religious entities
  • Charitable organizations
  • Fraternal organizations

Apart from organizations as mentioned above, certain manufacturers will not be required to obtain a Nevada business license pursuant to NV Rev Stat § 76.103 (2017).

Do I need business licenses and permits for my Nevada LLC?

If your business doesn’t belong to any of the above category, will it require a business license? Yes. In Nevada, all Title 7 entities need to obtain a business license. A title 7 entity is any business entity that has been organized under the Nevada Revised Statutes and has filed formation or incorporation documents with the Secretary of State. Title 7 entities include domestic and foreign limited liability companies (LLC), limited partnerships (LP), corporations, limited liability partnerships (LLP), limited liability limited partnerships (LLLP) and business trusts. Nevada business license is governed by Chapter 76 of the 2015 Nevada Revised Statutes.

It is important to also understand that the business license or permit required is dependent on the type of business. The location of your LLC will also play an important role in defining the licensing needs.

Since a Nevada LLC business license is mandatory for most businesses, failure to comply with the licensing or permit requirements can lead to a penalty of $100 and payment of additional fees pursuant to NV Rev Stat § 76.110 (2017). Such an LLC can even be subjected to operational restrictions. The penalties for operating without a business license can vary from $1,000 to $10,000.

Types of Business License in Nevada

Most businesses registering in the state of Nevada will require a license or a permit. The Nevada LLC business license can be defined under the following categories:

State Business License (SBL)

This is a mandatory license for most start-ups and is issued by the Nevada Secretary of State (SOS). It has to be renewed annually. The Secretary of State has set certain requirements for state business license and it is governed by NRS 76.100. It states that if a business entity is required to file an initial list or annual list with the Secretary of State then it must obtain a state business license during the time of filing the list.

Federal License

There are only specific businesses that may require a Federal License or permit. The requirement of this type of Nevada LLC business license is dependent on the type of activity a business in involved in and accordingly contacts the agency responsible for issuance of such a license. Some of the business activities and their corresponding issuance agencies include:

  • Drug Manufacturing: This license is issued by the Food and Drug Administration (FDA)
  • Ground transportation: This license is issued by the Department of Transportation (DOT)
  • Investment Advising: This federal license is issued by the Securities and Exchange Commission (SEC)
  • Preparation of meat products: This federal license is issued by the Food and Drug Administration (FDA)
  • Selling alcohol, tobacco or firearms: This Nevada LLC business license is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (AFT)
  • Broadcasting: This license is issued by the Federal Communications Commission (FCC)

Retail sales permit

This permit is issued by the State Department of Taxation. You will need to check with the taxation department to identify if your business requires this permit.

Local license

If you are forming a small business LLC in Nevada then you may require just a local license, which will enable your start-up to operate within the county or city where it is situated. Such licenses are issued by the county clerk office or city administration.

Note: If you are planning to operate in multiple cities or counties then you will be required to apply for a local Nevada business license in each of the counties or cities.

Special Permits

This is applicable to small businesses in cities or counties and depending on the type of business, special permits can include those issued by the Fire, Police, Health, or Building Departments.

There are other processes and requirements that need to be met in order to get your Nevada LLC business license. Let’s look at an example:

If you are planning to start a “child care” facility then prior to issuance of the Nevada LLC business license, the concerned authorities (Department of Health and Human Services Nevada Division of Public and Behavioral Health) will conduct an inspection. The inspection is there to ensure you or your facility fulfils necessary business license requirements, safety regulations, insurance and zoning requirements of the city or county it is located in.

IncParadise can guide you through the process of obtaining a Nevada business license!


Nevada Business License Application Fee

The Nevada LLC business license fee is subject to the type of license your business entity requires in the state. The fee will be different for federal, state, and city or county licenses.

IncParadise can help you obtain the state business license and the fee is $245, which includes:

  • State business license fee: $200
  • Our license processing fee: $45

We can also provide assistance with information concerning local business licenses and their applicable fees.

If I’m going to start a single-member LLC, do I need a business license?

Yes, a Nevada single member LLC (SMLLC) is a business entity that are required by NV Rev Stat § 76.100 (2017) to file an annual list with the Secretary of State and hence will have to obtain a Nevada LLC business license to conduct business in the state. The business license application is included in the Annual List of Members or Managers of a Limited Liability Company.

How IncParadise can help you with Nevada Business License?

There are different types of Nevada business license that is issued on the basis of the activities conducted and the location of a business. Your business may require:

  • A state business license (SBL)
  • A State and Federal License
  • A State and Local County License

It may look like a complicated process especially when it comes to identifying what type of license your company should ideally apply for. This is where our experience and expertise will assist you with ensuring you are able to apply for and obtain the correct Nevada LLC business license.

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Nevada LLC Registered Agent

Date: | Category: | Author: Martin Pouzar


Nevada is one of the most popular states for new business formation because of its favorable business climate and a strong regulatory environment. It may not be an easy process to register your Limited Liability Company as there are several documents that are required to be submitted but a Nevada LLC Registered Agent like IncParadise can make it easier for you to form your business.

Introduction – Nevada LLC Registered Agent

One of the most important steps towards forming a Limited Liability Company in Nevada is appointing a registered agent. The appointment of a Nevada LLC Registered Agent is necessary because:

  • This is mandatory in Nevada according to Nevada Revised Statutes, Chapter 86 and Nevada Code – Chapter 77
  • A Registered agent will ensure “service of process”

In Simpler terms, a Nevada LLC Registered Agent is an individual or a company that accepts “service of process” or legal notices and mail on behalf of the business entity. A registered agent is considered to be a third party and in some states they are also known as a statutory agent or resident agent.

It is also important to note that Nevada Registered Agent Service can be offered by two types of agents and they are:

  • Commercial Registered Agents
  • Non-Commercial Registered Agents

The distinction between a commercial and non-commercial registered agent has been established by the Model Registered Agents Act (MoRAA). This act came into effect in 2006 with the joint effort of the International Association of Commercial Administrators (IACA) and American Bar Association (ABA). Nevada is one of the 11 states, where a commercial registered agent is responsible for business formation and service of process.

Who is a commercial registered agent?

The Model Registered Agents Act (MoRAA) states that a commercial registered agent will be considered as a Nevada LLC registered agent if such an individual or entity is featured in the registered agent listing statement with the Nevada Secretary of State. IncParadise is one of the most reputed Nevada commercial registered agents listed in the state and provides a multitude of services for new and existing businesses.

What exactly does your Nevada LLC Registered Agent do?

A registered agent also known as a commercial registered agent in the state of Nevada provides assistance towards new business entity formation and ensures proper maintenance of business records and timely renewals and submission of documents of existing businesses. The Nevada registered agent service is multi-faceted but some of the most important benefits to business entities include:

  • Service of process on business entities: This is the most important Nevada registered agent service and it is governed by NV Rev Stat § 77.390 (2015). The responsibility of the chosen registered agent according to NV Rev Stat § 86.261 (2015) is to receive the service of any process or notice or demand as permitted or required under law, on behalf of the limited-liability company.
  • Duties under Model Registered Agents Act: There are specific duties as specified under NV Rev Stat § 77.400 (2015) that your chosen registered agent is required to fulfil. For example, send notices or demand to the address recently provided by you. This ensures you are always in communication with the office of the Nevada Secretary of State.
  • Point of Contact: One of the salient highlights of the Nevada registered agent service is to act as “single point of contact” so that the office of the Secretary of State is able to communicate effortlessly with the business entity.
  • Provide Privacy: Privacy is important to any business especially when they are served notices by government or state departments. One of the finer aspects of Nevada registered agent service for a Limited Liability Company is to receive state department officials like sheriffs on behalf of the entity and thus help businesses maintain high levels of privacy.
  • Business Formation: What type of documents do you have to submit with the Secretary of State to form your Limited-Liability Company in Nevada? Can the formation processes with expedited? Where do you need to file the formation documents? What information is required to be submitted? These are some of the questions that you may be worried about and this is where a reputed Nevada LLC registered agent like IncParadise will provide valuable assistance to ensure the new business formation processes are not disrupted.
  • Business Documents: Once a Limited Liability Company is formed in Nevada, there are several other requirements that it may have to fulfill to remain active in the state. A business entity will have to file for EIN, submit initial list & annual report, apply for a business license etc. An integral part of the Nevada registered agent service includes receiving business and tax related documents as well as notifications and also assist with filing of appropriate documents within the stipulated time or due date.

A Specific service or multiple services, IncParadise provides all!


Can I be my own Registered Agent for my Nevada LLC & its Limitation?

Yes, you can be your own Nevada LLC registered agent. Normally, this is an area that is seen as a valid option by single owner LLCs although multiple owner or member LLCs can also opt for it. The primary requirement is that you should have a street address in the state. It doesn’t matter whether you are a resident of Nevada or from another state as long as you have a Nevada address but a post office box address in the state will not be accepted.

A local address is required specifically for “service of process” so that any business notifications or mails sent by the office of the secretary of state can be received by the business or the agent. When you act as an individual agent, you will have to provide Nevada registered agent service like being available during business hours through the week as government officials or representatives from the sheriff department can visit the physical address provided.


Are there any limitations of being your own registered agent? Yes, there are some limitations, which are as follows:

  • Public Record: An LLC has to submit information pertaining to the owners, managers, or members, and Nevada LLC registered agent with the Secretary of State. As a result, your address will get listed on the public records and will be accessible to anyone. This could lead to lack of privacy.
  • Home Address: Since you can use your home address as the address for “service of process”, this can open the doors of your home to litigants and those planning to sue the LLC. This will also affect your privacy.
  • High personal costs: If you choose to be your own registered agent then this may have a high personal cost as you will have to be readily available for any Nevada registered agent service required by the company. This may interfere with your business time like cancelling a business or offsite meeting as you have to remain at the office to receive documents.
  • Organized and knowledgeable: You need to possess information right from the duties of a registered agent to formation and handling of various processes related to the business like filing annual list or applying for EIN. Simultaneously, you will have to be organized so that you don’t miss out on annual filing due dates and also keep all business documents secure. Missing deadlines for a subpoena or legal request will have a negative impact on your business.

Why choose IncParadise as your Nevada LLC Registered Agent?

It is not just Nevada registered agent service that IncParadise provides but also has expertise in providing customized services based on specific requirements of a business entity. A business entity planning to form in Nevada will have to go through several processes and extensive documentation. Our services are focused at making the entire process of business formation easy and smooth.

IncParadise is in compliance with the Nevada Revised Statutes and Administrative Codes NRS 77.390, NRS 78.090, and NAC 77.015, and NV Rev Stat § 86.231 (2013) including having a physical address in Nevada. When it comes to Nevada registered agent service, we offer a range of services that a start-up as well as an existing business can benefit from by paying a small additional fee. Some of the salient features include:

IncParadise, a reputable Nevada LLC registered agent and as a listed commercial agent is responsible towards formation of more than 10,000 business entities.

Nevada LLC Formation will be a breeze
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How much does it cost to form an LLC in Nevada?

Date: | Category: | Author: Martin Pouzar


Nevada is quite a popular state for start-ups and is home to 270,079 small businesses, which has created 19,397 net new jobs. The economy grew at an annual rate of 4.1% in the 3rd quarter of 2018, which is faster than the US growth rate at 3.4%. In the last few years, the Nevada Legislature has undergone deliberate changes that makes the Nevada of today an extremely business friendly state. This is one of the many reasons why people are forming Limited Liability Companies in this state but what is the overall Nevada LLC cost of doing business?

Filing the Articles of Organization

If you are planning to form a Limited-Liability Company in Nevada then its formation will be governed by Chapter 86 of the 2017 Nevada Revised Statutes. There is a Nevada LLC forming fees of $75 (state fee). In order to form an LLC, you will be required to file the Articles of Organization and the state fee with the Secretary of State at 202 North Carson Street, Carson City, NV 89701-4201.

The Nevada LLC cost for registration will increase if you opt for any of the following additional services of the Secretary of State:

  • 24-Hour expedited filing – $125
  • 2-Hour expedited filing – $500
  • 1-Hour expedited filing – $1,000
  • Additional certified copy – $30
  • Ceremonial (colored) charters – $100

The Nevada LLC forming fees along with expedited filing can take the cost to $330 or more depending on the type of expedited filing opted for. IncParadise can help you with the process of LLC formation at just $194. The breakdown is as follows:

  • Nevada State fee for Articles of Organization – $75
  • File stamped copy of Articles of Organization – $30
  • Our service fee – $89
  • Expedited filing – Free

Nevada Initial List

Normally, when you are forming an LLC, all you have to file with the state authority is the Articles or Certificate of Organization along with a certificate of good standing. In some states like Nevada, you will be required to file an Initial List of Managers or Members, Registered Agent Acceptance/Statement of Change, and State Business License along with the Articles of Organization. The filing of the initial list hence becomes a part of the Nevada LLC forming fees and it has to be filed with the Secretary of State pursuant to NV Rev Stat § 86.176 (2013). The initial list contains:

  • Name and address of each member of the LLC
  • Name and address of each manager of the LLC

The breakdown of Nevada LLC cost for filing the initial list along with the articles is:

  • Articles of Organization: $75
  • Nevada Initial List: $150
  • State Business License: $200

The above fee along with expedited delivery and additional documents can take the Nevada LLC forming fees to $680. IncParadise offers you the filing of initial list along with LLC formation documents for $589 and this includes:

  • LLC formation fee: $194
  • Filing of Initial List: $150
  • Filing of State Business License: $200
  • Processing charges: $45

Other Costs

There are different types of costs including Nevada LLC annual fees that your business will incur during and post registration. The costs will vary from one business to another depending on specific requirements of the LLC being formed. Some of the documents that your business may require include Certificate of Amendment, Name Reservation, Certificate of Correction, Merger, and Articles of Conversion among others. Let us take a quick look at some of the other costs that you may incur in Nevada.

Nevada LLC Annual Costs

There are certain annual requirements for businesses being formed in the state of Nevada. The annual requirement varies according to the type of business like a Limited Liability Company is required to submit an Annual List also known as the Annual Report and also renew their business license. The Nevada LLC annual fees are $350, which constitutes $150 for filing of annual list and $200 for business license renewal.

Quick and Easy LLC Formation in Nevada!


Nevada LLC Registered Agent

The Nevada law NRS 77.390 and NV Rev Stat § 86.231 (2013) requires domestic and foreign entities to designate and maintain a Nevada LLC registered agent. The primary duty of a registered agent is to enable service of process but an agent can also provide several other services like business formation, name reservation, annual list submission prior to due date, and also customize services according to business need. The Nevada LLC cost of maintaining a registered agent varies on whom they choose.

IncParadise is one of the most established registered agent services in Nevada and offers a cluster of services and information to new and existing businesses. We also provide services specific to your needs as well as store your documents on a secure online platform. The Nevada LLC annual fees for maintaining a registered agent is determined by the following:

  • Client Registered Agent: Free
  • Choosing IncParadise as NV Registered Agent: $89
  • Nevada filing fee for Registered Agent change: $65

Top of the line Registered Agent Services in Nevada!


Additional services in Nevada

A business entity or start-up can take advantage of the Nevada business climate and incentives by registering in the state. We take pride in helping businesses form and operate in the state by taking care of documentation and filings. There are several additional services that we provide and the cost is not included in the basic Nevada LLC forming fees.

Nevada address and mail forwarding

A start-up planning to register their business in Nevada needs to have a physical address pursuant to the 2015 Nevada Revised Statutes: Chapter 86. You might not have a physical address in Nevada but that should not discourage you from registering in the state. IncParadise help you obtain a physical address so that you can conduct your business with ease and the Nevada LLC annual fees for the same will be quite nominal.

Mail forwarding is a special service through which a business or an individual residing outside Nevada can access their business mails effortlessly.

EIN Assistance

Although Nevada does not have any corporate income tax, your business may be required to file a Nevada business tax like sales and use tax, Modified business tax (MBT), or the Commerce Tax. As a start-up LLC, you will be required to apply for the 9-digit unique Employee Identification Number (EIN). This number is assigned to every business in Nevada and across the country by the Internal Revenue Service (IRS). The application and cost of applying for EIN is a one-time payment Nevada LLC cost. Our team of experts will not only provide information specific to the EIN but will also obtain this Tax ID from IRS on your behalf at just $45.

Nevada Certificate of Good Standing

The Nevada certificate of good standing is a document certifying the existence of your limited liability company legally. This certificate is issued by the Secretary of State if a business entity meets all requirements including those prescribed in NRS 78.152 or NRS 86.274. This certificate is also known as a “Tax Status Compliance Certificate” and the cost of applying for a certificate of good standing is a one-time Nevada LLC cost. IncParadise can obtain this certificate on your behalf.

Nevada Apostille

The Nevada Apostille is a specialized certificate, which is issued to a business entity or LLC by the Nevada Secretary of State. This certificate is issued to authenticate original business documents. The documents that can be legitimized using the Apostille include Articles of Organization, Certificates of Amendment, and Certificate of Good Standing among others. There is a one-time Nevada LLC forming fees of $94 for applying for an Apostille.

LLC kit

The LLC Kit is a type of high quality binder, which will help you to store all your business documents in a single place. The LLC kit has been designed to keep your essential documents organized and secure, so that they are easily accessible when you need them. The Nevada LLC cost for this kit is $68 and you can order it as a part of the LLC formation services.

Choose IncParadise to form your Nevada LLC

IncParadise is one of the highly esteemed Nevada registered agents that are committed towards ensuring start-ups and mid-size enterprises derive maximum benefit from our tailored and wide variety of business formation services. Our specialized services provide value for money because of salient features like:

  • Experts in Business Formation: We have a team of business formation or incorporation experts with experience spanning over several years and over 10,000 new business registrations.
  • Within your Budget: Most businesses may feel that Nevada LLC forming fees are probably high and this may affect their costing initially but with IncParadise it is quite the opposite. We offer our business formation services within a reasonable price range so that it doesn’t overburden your budget.
  • Unique back-office system: We understand the changing needs of businesses in the internet age and hence we offer a new client system that is unique in many ways. The system allows businesses the option of mail forwarding, order placing for any of our services, and storing and managing the business documents. This state of the art solution is known as the Entity Management Software and it has several features that help in streamlining requirements and document storage for businesses.

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Nevada LLC Asset Protection

Date: | Category: | Author: Martin Pouzar


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.


Nevada Series LLC

Date: | Category: | Author: Martin Pouzar


If you are planning to set up a business in Nevada and want to take advantage of asset protection laws in the state then you can opt to form a traditional Limited-Liability Company or a Series LLC governed by Chapter 86 of the 2017 Nevada Revised Statutes. Let’s try and understand the difference between either forms of LLC.

What is Nevada Series LLC? How does it differ from a Regular LLC?

Nevada is one amongst 14 jurisdictions in the nation to have adopted statutes that provide for the formation of a series limited liability company. A series LLC abbreviated as an SLLC; is a type of limited liability company providing liability protection across several series. In simpler terms, it can be defined as a single entity that constitutes separate assets, management, members, liabilities, investment objectives, and ownership structures.

The assets of each series, also known as divisions are protected from liabilities of the main LLC as well as other series or divisions. The structure of a Series LLC is hence quite different from that of a traditional LLC. This type of limited-liability company structure is quite an uncommon option for businesses as there is a lack of clear guidance from the judicial, legislative, and regulatory body. Perspectives are changing now as the IRS has proposed regulations indicating that IRS considers a series limited-liability company as a legitimate structure.

Now that you know what a series LLC is, ever wondered how it is different from a regular LLC? One of the biggest differences between these two types of LLCs is that a series limited liability company will allow you to compartmentalize or segregate your assets. Hence, this form of limited-liability company provides a business with the best possible asset protection in Nevada.

Series LLC Benefits

As compared to the traditional limited liability company, a Series LLC registration in Nevada will allow businesses to enjoy a different set of benefits although some advantages are similar. One of the salient aspects of a series limited-liability company is that the benefits would be long-term, so that it can support sustainability and enable overall growth of the business. Here’s a window into the different benefits for a start-up business in Nevada.

Asset Protection

The first and foremost benefit that a business entity will enjoy post series LLC registration in Nevada is “asset protection”. The concept of a series limited liability company is quite well suited for different types of assets that an LLC owner or members may have including real estate. This type of LLC comes with a protective shield for all internal liabilities. This shield allows owners or members to segregate assets into multiple series. As a result, exposure of assets to liabilities is reduced considerably.

Here’s an example: ABC LLC owns a Fast-Moving Consumer Goods (FMCG) business and has its own fleet of transportation vehicles to transfer products to the market. A small accident of even a single truck or transportation vehicle can increase liability of ABC LLC but if the same company forms a series LLC for each section or activity that the business is involved in then it will restrict the liability to that activity or section. If the production is one series and transportation is another series then an accident on either of the series or divisions will not hamper the entire company. As a result, the entire company cannot be sued.

Independent Structure

A series LLC registration in Nevada simply means that there is a parent LLC and there is sub LLC within the parent LLC. It should not be confused with a “parent-child” relationship of the series but should be considered as a horizontal relationship (siblings). At the same time, each division in the series limited-liability company has its own profit, loss, and liability. It is also separate from other divisions legally and in economic structure.

An example of a business that will benefit through series LLC registration is a property management company, which owns multiple properties. In such a company, each of the properties can be an independent cell or division under the parent SLLC.

Low cost of startup

One of the finer aspects of series LLC registration is low cost of start-up. An SLLC will require a single filing fee even though it has multiple series. It can easily be set up by a Nevada registered agent like IncParadise at a lesser cost as compared to setting up multiple LLCs.

Lower Complexity

A series LLC registration has a less complicated structure as compared to corporations. An SLLC will not have complexities in structure, taxes or even document formalities.

Tax Return

Even though a Series LLC constitutes multiple series or divisions, only the parent LLC will need to file a tax return and not each division.

Risks of Series LLC

There are provisions for series LLC registration in Nevada Revised Statutes as seen in NV Rev Stat § 86.296 and NRS 86.296(3) yet there is not enough detail regarding their operations. This is mostly due to the fact that they are considered to be in their legal infancy stage and have been adopted in only one-third of the states.

Since there is a cloud of uncertainty around the operations of the SLLC, there are certain risks that businesses need to consider prior to Nevada series LLC registration. Some of these risks identified below:

  • Taxation: One of the prominent issues that pose a risk to series LLC is payment of Federal tax. The procedure is quite complex. Apart from this, the tax treatment of a series limited-liability company and by the IRS as well as state tax departments is quite unclear due to the lack of uniform tax guidelines.
  • Bankruptcy: The Nevada Series LLC laws surrounding Federal Bankruptcy provides no guidance whatsoever. This is due to the fact that the U.S. Bankruptcy Code has not recognized the Series limited liability company. As a result, there is a lack of consensus on whether an SLLC should file bankruptcy in a series or as a single entity.
  • Registered Agent: Unlike in traditional LLC, a series LLC registration will lead to each series or division being managed by separate registered agents. This could lead to higher expense of hiring additional agents.
  • Banking and Accounts: A series LLC has multiple divisions and each division needs to have a separate bank account. Since, each series will have their own financial statements; they need to have separate accounting as well. The greater the number of LLC’s in a series, the bigger the administrative issues.
  • Governing Documents: It is imperative that the governing documents for series LLC registration are carefully drafted. These documents should take into consideration specific statutory requirements of NRS 86.296(3). Even the slightest mistake could hamper the formation of such an entity.
  • Operation in another state: This is an area of concern for a Nevada series LLC. With such business plans to operate outside of Nevada, especially in a jurisdiction that does not have a series LLC statute the court will not recognize such a business entity.

Series LLC Requirements & Registration

A limited-liability company is definitely beneficial to businesses looking at asset protection but what is the process for Nevada series LLC registration? The process is as follows:

  • In order to form an SLLC in Nevada, you will be required to file “Articles of Organization” for establishing an umbrella or master Limited Liability Company.
  • The Articles of Organization and Operating Agreement of the LLC should contain the following information:
    • A statement confirming the master LLC will have multiple series
    • A statement of series LLC registration setting forth the powers, rights, and duties of the series
    • A statement indicating that the rights or powers of each series is provided in detail in the Operating Agreement of the LLC

It is important to note that a Series LLC is not considered as a separate business entity under Nevada Revised Statutes.

Taxation for Series LLC

When it comes to taxes, do taxation for series LLC work in a different ways as compared to traditional LLCs? Do you need to pay federal taxes or state taxes? These are some of the questions frequently asked by business owners planning to form a series limited liability company. So, let us look at what tax obligations SLLCs have.

If we look at a series LLC from the point of view of Nevada state laws then the series limited liability company is not considered as a separate entity but in the case of taxation things are beginning to change. Recently, changes in federal tax regulations have been proposed that would treat each series in a series LLC as a separate entity when it comes to payment of federal income tax. This is governed by Proposed Reg. §30.7701-1, 75 Fed. Reg., 55,699 (2010). These proposed regulations are applicable to a series that has been created by a “series organization” pursuant to state specific series statutes.

The above is a proposed regulation only and therefore a series LLC would have to report as a single entity in the state of Nevada. You can form an LLC in Nevada as the first step towards starting a series.

Difference between series LLC and a Restricted LLC

The business structure of a limited-liability company is undergoing a vast change and this has allowed different states including Nevada to create different types of LLC. These LLC’s are being created to offer a variety of benefits to businesses like asset protection and tax benefits. The two new types of limited liability companies that are accepted in the state of Nevada are Series LLC and Restricted LLC.

The Notable Differences

Since Series LLCs and Restricted LLCs are two forms of a limited-liability company, how are they different?

  • Acceptance: The series LLC registration is possible in 17 states but a restricted LLC can only be formed in Nevada. A restricted LLC is a limited liability company that is organized and exists under chapter 86 of Nevada Revised Statutes. It is an LLC that elects to include the optional provisions as permitted by NV Rev Stat § 86.161 (2015).
  • Structure: A series LLC is a type of master LLC that constitutes several sub LLC’s or a series of business divisions with separate members or managers and assets. A Nevada restricted LLC is like a traditional LLC and does not have separate members or assets under divisions or series.
  • Distribution: A series LLC does not have restrictions when it comes to making distributions. As the name suggests, a restricted LLC however has certain restrictions. For instance, it cannot make any distributions to its members or managers prior to 10 years of existence. Of course, this type of restriction has its benefits as it provides a favorable tax treatment to the members.
  • Tax free Interest: A series LLC does not have a “tax free interest period” but a restricted LLC has such a period. If the interest generated from a restricted limited-liability company is gifted to family members then that interest will be tax free for a specific period of time.
  • Liability: A series LLC has been created specifically to protect assets and minimize liability but a restricted LLC faces the same liabilities as that of a traditional LLC.

Traditional or Series LLC – We can help form either!