Asset Protection and Lawsuit Prevention

 

CAPITAL ASSET, INC.

 

since 1990

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Frequently Asked Questions

How does asset protection discourage lawsuits?

How does asset protection work and which assets are most at risk from attorneys and creditors?

Do you protect from IRS tax liens?

What are the goals and purposes of asset protection?

Why do I need you? Can't I form a corporation on my own?

If I have a nominee officer, can't he/she steal all my money and assets?

What if I need to borrow money later? How do I do that, if all my assets are hidden?

If the bank knows who I am, doesn't that diminish my privacy?

I'm being sued right now. Can I move my assets into an asset protection program to avoid the judgment?

I already have a corporation in my home state. How will a Nevada corporation work with it, and should I even have a Nevada corporation?

Is it legal and ethical to protect my assets?

Why should I incorporate in Nevada or Wyoming?

Does Nevada or offshore jurisdiction exchange any information with the U.S. on demand?

Do I need to provide any personal information to get a Nevada corporation?

Do I need to provide any personal information to get an offshore corporation?

How do I know if I even need asset protection?

Can I transfer my Delaware corporation to a Nevada corporation?

Can a Nevada corporation own a corporation in another state?

HOW DOES ASSET PROTECTION DISCOURAGE LAWSUITS?

Before any lawsuit is filed, the attacking attorney does an "asset search" on you, looking to see if you own sufficient assets to satisfy a judgment and if the attorney's 40% fee for assets collected in the lawsuit is enough to tempt him. The goal of asset protection is to reduce your visible ownership interest to a minimum while increasing your control over your assets to a maximum. The legal system is set up so that you can only lose what you own, no what you control. If you show little or no ownership, attorneys will skip you and go to someone else where the rewards are easier.

 

HOW DOES ASSET PROTECTION WORK AND WHICH ASSETS ARE MOST AT RISK FROM ATTORNEYS, AND CREDITORS?

Asset protection is the process of transferring assets into legal structures in which your personal ownership interest is shielded, minimized, or turned into a control rather than ownership interest (you control your assets but appear not to own them). Number one type of asset at risk from attack is real estate equity. Equity is current market value of a property minus any mortgages on the property. It is the easiest asset for any attorney with a judgment to attach. Next - bank accounts. Attorneys can lien or seize them. Other assets that can be liened or seized include cars, boats, planes, personal goods, accounts receivable - anything of value.

 

DO YOU PROTECT FROM IRS TAX LIENS?

No. We do not do anything in any way to frustrate IRS collection efforts. There is no legal protection from the IRS in collection of taxes due.

 

WHAT ARE THE GOALS AND PURPOSES OF ASSET PROTECTION?

1. Maintain your family's security. You work hard for it and you need a lifelong plan in place to keep predators from taking that security from you in the form of unexpected risks, liability, lawsuits, financial disasters, etc.

2. Level the playing field. Imagine sitting down to a chess game in which your opponent allows you to make the first 5 moves. Could you set the board so your opponent has no chance of winning? Yes! This is exactly what you do with your assets before there is an opponent.

3. Negotiate a favorable settlement. You increase your assets' safety by creating a climate with asset protection in which you will be in the strongest position to negotiate favorable settlements in any litigation or proposed litigation. Truthfully answer all questions without fear your opponent can get any of your assets.

WHY DO I NEED YOU? CAN'T I FORM A CORPORATION ON MY OWN?
Yes, but the key to asset protection is utilizing the proper clauses in the corporate structure and operating agreement to achieve protection from lawsuit.  Unless you're an asset protection attorney, you will not know the clauses to use. The key to asset protection is privacy, and a Nevada corporation without the proper supporting legal documents and expert instruction on how exactly to move assets into the corporation or use it to protect assets is useless for that purpose. You can get a Nevada corporation on your own cheaply, but if you inquire about nominee service, registered agent service, or required operating agreement, you will find those to be huge, extra fees (if you can even get those services). No one offers the combination of service and price that we do -- we guarantee it. In 20 years of doing business, none of our clients has been sued successfully nor has anyone lost any asset for any reason to anyone. No one else offers our unlimited, 24/7 once you have your corporation. We can prepare equity stripping liens with consideration (the #1 asset protection strategy of all top real estate developers and America's wealthiest families) for you, saving you hundreds to thousands of dollars per lien with other professional lien services. Our clients are part of our family and are treated as such, with superb customer service. You will always know the best and most effective way to use your corporation.

IF I HAVE A NOMINEE OFFICER, CAN'T HE STEAL ALL MY MONEY AND ASSETS?
No. Nevada corporate law states that the shareholder(s) are the owners of the corporation. The officers are 'employees' of the shareholders and cannot execute any transaction without shareholder approval. The officer(s) have no ownership of any asset contained in the corporation. Nevada allows managing members of a LLC to have no ownership position in the LLC. In your Nevada and/or offshore corporation, YOU are the only shareholder. Your corporate banking is designed so that YOU alone control it and are the only one with access to the account, while remaining shielded by the corporation that you are anonymous behind. A nominee director functions in a fiduciary capacity like your stockbroker or accountant. You cannot have asset protection without being shielded behind someone else, and an experienced nominee is ideal for that purpose.

HOW DO I BORROW MONEY, IF ALL OF MY ASSETS ARE SHIELDED?
There are many ways. You can get a no-income, no-qualifying mortgage or loan if you need to buy property. They may loan only 70% of the value rather than the 80% you get with asset qualification, but these loans still are easy to get. They use the property itself as collateral and you don't have to show income or assets.

Also, banks will always give you unlimited credit cards. With several of these, you can raise a lot of cash quickly.

You may need to show some assets, but at least you can keep them to a minimum, while concealing the bulk of your assets in the corporation.

IF THE BANK KNOWS WHO I AM, DOESN'T THAT DIMINISH MY PRIVACY?
Yes. Any good attorney or investigator can find you as a signatory on any bank account in the U.S. But merely being a signer does not make you liable for the corporate account. No one who is after you can touch the corporate account because the account is the corporation's, not your personal account. You cannot be traced through the corporation's tax i.d. You can appoint someone else as signer for your corporate account (with full security safeguards in place, of course) so that you can bank with total anonymity in the U.S. Normally, if you're signer on your offshore account, you fall under the controlled foreign corporation law and must report income in this account to the IRS. We set up the offshore account in such a way that you are not visible as signer and do not fall under this reporting requirement. No one in the U.S. has jurisdiction over your offshore account. Bahamas law strictly prohibits the disclosure of any information about anyone owning a Bahamas corporation to any outside, third party. When we form your Bahamas corporation, the Bahamas government never even knows who you are, and never is given any information about you.

I'M BEING SUED RIGHT NOW. CAN I PROTECT MY ASSETS FROM THE JUDGMENT?
Asset protection is a pro-active strategy, not a re-active strategy. Courts will NOT allow you to move or encumber assets once a lawsuit is filed against you. You must have your asset protection program in place BEFORE creditors, the IRS, collection attorneys or any attorney suing you, come after you and preferably at least a year or more in place before trouble starts. We get many calls a week from people who wait until they're sued, then beg us to protect their assets so they don't lose anything in the lawsuit. That is not possible, in the same way that you cannot get fire insurance while your house is burning down - you can only get it while the house is fine, before it catches on fire. ASSET PROTECTION MUST BE SET UP BEFORE ANY TROUBLE STARTS, in order to completely avoid that trouble. Please be one of the savvy, proactive people who does not wait for trouble, but heads it off before it strikes. This is a major reason the wealthy become wealthier - it is not so much that they make more money, but that they always have strategies in place not to lose the money they have, either to lawsuit or bad investments.





 

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I ALREADY HAVE A CORPORATION IN MY HOME STATE. HOW DOES A NEVADA WORK WITH IT, AND SHOULD I HAVE A NEVADA?
Nevada has no corporate or personal income tax. This may be important if you live in states with state income tax rates that are high. The first step is to establish a Nevada LLC or C corporation to work with your current non-Nevada corporation. TAs long as your NV corporation legitimately and appropriately is employed by your operating corporation to provide a service to your non-Nevada corporation, you may be able to shift some of your income to low tax Nevada. You will need a qualified CPA to assist you in this.  Your Nevada corporation can own the assets used by your home state corporation and lease those assets back to your home state corporation. A leased asset cannot be taken by creditors.

IS SHIELDING MY ASSETS LEGAL?
Yes. Curiously, we have a double standard in this country. When the wealthy and/or famous protect their assets, people call it smart financial planning. When the rest of us do it, they call it evading creditors. But under the law, everyone has the legal right to protect their assets, and they should do so.

WHY SHOULD I INCORPORATE IN NEVADA OR WYOMING?
All 50 states offer corporations. Nevada and Wyoming offer far superior privacy clauses and regulations for corporations than any of the other states. These states' corporations are friendly to private individuals and accommodate those seeking privacy, tax savings and liability protection all rolled into one. Their corporate veil is far more difficult to penetrate than any other state.

DOES NEVADA OR OFFSHORE JURISDICTIONS EXCHANGE ANY INFORMATION WITH THE IRS OR U.S. AGENCIES?
Nevada in the past has demonstrated reluctance to exchange information with the IRS, and as a non-state tax state, is not generally required to. However, this is handled on a case by case basis and NV is in no way any kind of tax haven, nor should you set up a NV entity with any false belief that you can somehow frustrate IRS collection efforts, as that is not possible in any state.  Most states share information freely with the IRS because the IRS then supplies pertinent tax information to them as well. Nevada has no state taxes, therefore it has no incentive to cooperate with the IRS. No one in the US has jurisdiction over an entity formed offshore, however if you are a beneficial owner or signatory on an offshore account, there are income reporting requirements. Offshore jurisdictions have strict legislation in place to prevent sharing of information about corporate owners except in cases of serious felony convictions or drug running.

No offshore corporation or offshore trust is for tax avoidance. We do not set up ANY  entity for tax avoidance nor do we frustrate IRS  collection efforts in any way. Every entity we set up for clients, including the IAPT, is tax neutral.

DO I NEED TO PROVIDE ANY EXTRA DOCUMENTS TO GET A CORPORATION, FLP or LLC?
No, we do everything for you to set up the entity.

DO I NEED TO PROVIDE ANY EXTRA DOCUMENTS TO GET AN OFFSHORE CORPORATION?
We do everything for you, to set up your corporation. But every offshore provider, bank/brokerage requires full identification documents from the person who will be the main signer/beneficial owner of the account. No one in the U.S. has any jurisdiction to get this information, but the bank/brokerage itself must know who the signer is: Signed, notarized, four-color copy of a Passport. The picture must be clear. A bank reference letter stating the banker has known the signer and/or beneficial owner for at least three years.

HOW DO I KNOW IF I EVEN NEED ASSET PROTECTION?
Click to take the Risk Analysis Survey and find out!

CAN I TRANSFER MY DELAWARE CORPORATION TO A NEVADA CORPORATION?
A Delaware corporation can do business in Nevada but you can't transfer the corporation to a Nevada corporation to get Nevada's privacy; they are two separate entities.

CAN A NEVADA CORPORATION OWN A CORPORATION IN ANOTHER STATE?
Yes, a Nevada corporation can be the part or sole shareholder of a corporation in another state, to shield the ownership of that corporation.



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