2021 Asset Protection Update (On-Demand)

$129.00

In this seminar, we provide the asset protection update for 2021. We discuss the considerations for entity formation, choosing jurisdictions, and choice of governing law. Attendees will learn techniques for strategically handling assets using LLCs along with asset protection practices and misconceptions. Attendees will also learn about potential issues and differing characteristics of foreign jurisdictions.

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Event Details

Course Type

Course Instructor

Gary Forster, Esq.

Original Date Of Course

General Credits

1

Course Description

In this seminar, we provide the asset protection update for 2021. We discuss the considerations for entity formation, choosing jurisdictions, and choice of governing law. Attendees will learn techniques for strategically handling assets using LLCs along with asset protection practices and misconceptions. Attendees will also learn about potential issues and differing characteristics of foreign jurisdictions.

Principles

  • Protective Entities – Evolution
  • Formation of LLCs – Initial Considerations
  • Choosing a Jurisdiction
  • Choice of Law Issues
  • Single Member LLCs
  • Cracking the 99/1 Multi-Member LLC
  • Keys to Success
  • Domestic Asset Protection Trusts
  • Foreign Asset Protection Trusts

Syllabus

  1. Introduction
      • Asset Protection Overview
      • Misconceptions
      • Basics of Protection
  2. Protective Entities – Evolution
      • Corporations are the Traditional Limited Liability Entity
      • Charging Order-Protected Entities
      • Types of Charging Order Protected Entities
  3. Formation of LLCs – Initial Considerations
      • LLCs Combine Limited Liability Protection of a Corporation with the Tax Treatment of a Partnership
      • Additional Hurdles to Become Publicly Traded
      • Where to Form?
  4. Choosing a Jurisdiction
      • Revised Uniform Limited Liability Company Act (RULLCA)
      • Determine Whether Foreclosure is a Concern
  5. Choice of Law Issues
      • Uniform Voidable Transactions Act (UVTA)
      • Where is the Interest?
      • Another Choice of Law / Charing Order Case Study
  6. Single Member LLCs
      • Protections Eviscerated
      • Throughout the U.S.
  7. Cracking the 99/1 Multi-Member LLC
      • Background
      • Consider the Multi-Member LLC with a Nominal Member
      • Curci Investments, LLC v. Baldwin
      • Other Courts Have Rejected the Reverse-Veil Piercing Theory
      • Offshore Options and Developments
      • Nevis, Belize, and the Cook Islands Offer Attractive LLC Statutes
      • Nevis Adopted New Statute in 2017
      • Certain Issues with Offshore Statutes Require Attention
  8. Keys to Success
      • Look for Debtor
      • The Importance of Documentation
  9. Domestic Asset Protection Trusts
      • Trust Types – Distinctions
      • DAPTS – Background
      • Largely Untested
  10. Foreign Asset Protection Trusts
      • Form and Location
      • Foreign vs. Domestic Trusts
      • How Creditors Gain Access to Protected Assets
      • Keys to Effectiveness

Instructor

Gary Forster, Esq.

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