Bumping into legal troubles isn’t uncommon when operating a business, especially for issues concerning assets. Although each state has unique legal systems to handle this dilemma, did you know that some policies can safeguard your assets as an LLC member?
If you’re curious about finding states with these offerings, here’s a quick guide from our experts to help you make informed business decisions.
Asset Protection and LLCs Explained
Have you ever wondered why most business owners opt to register their company as an LLC entity? Some may say it’s because of its tax advantages, but our team says its asset protection features are what truly matters.
You may not know, but if you register your business as a limited liability company, no amount of company lawsuits can touch the personal assets of LLC members.
The entity’s structure implies that you and your company are different entities. Because of this, creditors wouldn’t be able to gain access to your properties during corporate disputes.
However, remember that personal issues such as accidents can make the scenario different. For cases like this, each state offers different LLC asset protection coverage, which we’ll discuss further in the below review.
Forming an LLC Outside Your Home State For Asset Protection
Incorporating as an LLC business already gives owners the advantage of asset protection. However, it’s typical for entrepreneurs to register their company in a specific state for policies that may secure their wealth even further.
If your home state doesn’t have a clear legislation system about business disputes, our business specialists recommend looking into other states that may offer your needs. As you know, legal battles can be rough, so having the reassurance that there’s a proper system in place could help save time and money in the long run.
Best States for LLC Asset Protection
#1: Ohio
If you ask our business team members, Ohio isn’t always the best option for LLC asset protection policies. However, after passing the state’s asset protection bill, everything changed at a 360-degree angle.
Because of this recent amendment, the only way a creditor can collect on a judgment is through filing a charging order against the debtor’s stake in an LLC. It means that the creditor could only go after the LLC distribution that belonged to the member they had disputes with.
#2: Wyoming
The policy that makes Wyoming one of the best states for LLC asset protection is its clear regulations on single-member LLC.
As you know, there are cases where a creditor’s charging order may pierce the corporate veil [1] of an LLC with a single member. It means that the asset protection policies may not cover the ongoing lawsuit.
However, in Wyoming, single-member LLCs have the same level of asset protection as other forms of LLCs in the state.
#3: Nevada
When it to comes to business reputation, the state of Nevada would always end up on the top list. Besides impressive tax perks, the state shares no information agreement with the IRS.
Nevada is the best state our experts could recommend if you value asset and identity privacy when dealing with business, along with Wyoming.
#4: Delaware
Did you know that many companies in the Fortune 500 are registered in Delaware? Because of this, up-and-coming entrepreneurs are confident that the state’s legal system can handle disputes in assets better than other states.
In fact, Delaware has its very own Chancery Court, where corporate legal problems are specifically handled. Business cases are handled more swiftly thanks to this legal system, preventing the extensive holding period on assets in question.
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FAQ
How do I protect my LLC from lawsuits?
To protect your LLC from lawsuits, you should always keep your personal and company assets separate. It’s important to keep tabs on your spending on both accounts and never use the company funds for personal spending. You may be at legal risk for alter ego claims if you do this.
Conclusion
Choosing the best state for LLC asset protection includes many factors. If you ask our experts, the most important thing is you’re familiar with the policies that can protect your business if legal battles come your way.
So before you incorporate a company, do thorough research because this will save you time and money in the future.
