I currently own a company that is being sued by one of it's competitors. They are suing just about everyone in the industry on a major scale.
I would like to consult with an expert in asset protection to:
1. PERSONAL - Secure my personal assets
2. PERSONAL - Put a plan in place for securing future assets
3. BUSINESS - Make sure all paperwork and legalities are in place for all businesses I own
4. BUSINESS - Make sure all future businesses are built to be as secure as possible and keep owners separate from the business
Here are some of the questions we can go over on the phone:
Everywhere I go there are articles about the corporate protections of an LLC, but then I also hear that it’s very easy to sue an owner right through the LLC. How much protection does a single member LLC really provide to it’s owner?
What paperwork would you put in order to protect an LLC’s owner from lawsuit as much as possible? Does voluntary extra reporting like meeting minutes and specific accounting increase this protection?
Does a multiple member LLC provide more protection for it’s owners than a single member LLC?
If the owner of a business is currently getting sued by a competitor, how would you protect that owner’s personal assets (mainly cash)?
If a Delaware LLC is being sued and runs out of assets/cash to protect itself, can that company dissolve during the lawsuit? Would the lawsuit then pass through to the owner of that company and attach to personal assets, or would the suing competitor only get what the company is worth ($0 after dissolution)?
Is it possible for the owner of an LLC to put assets in the name of his spouse to protect them?
If someone withdraws a large sum of their personal assets as physical cash, can a court use that against them later? This assumes the money was earned legally and all taxes have been paid on this cash.
Is it possible for someone to put their personal after-tax cash into a shell corporation (LLC or corporation with no attachment to the person) to shelter it from possible lawsuits? Would this asset sheltering be possible in a trust of some type?
Could someone put their money into a Individual Retirement Account to shelter it from lawsuits? How could this money be pulled out before retirement age without penalties?
When starting a new company, what specific steps would you take to keep the owner(s) as separated as possible from the corporation itself?
To avoid “undercapitalization”, how much funding do you suggest a new business should be given during it’s creation?
If an individual wishes to invest in publicly traded stocks, but does not wish to have this investment money in their personal name, what entity would you use to accomplish this?
A Delaware LLC and it’s owner are currently being sued by a competitor for “False Advertising” (Lanham Act Lawsuit). How would you “lock down” the assets of the company owner and LLC to protect them as much as possible before this lawsuit goes to trial?
You are a good candidate for this job if:
1. You read/speak/write English well. Phone calls will be required.
2. You SPECIALIZE in asset protection in the United States. If you've drafted one or two documents in the past, this job is not for you. You should be an EXPERT in the field of asset protection.
3. You can complete jobs (research, drafting documents, etc.) QUICKLY. I do not have several weeks to wait for each document to be created. Each job will be a fairly quick job.
4. Your hourly rate is reasonable. I'm willing to pay good money to someone with extensive knowledge, but I'd also like to keep costs down.
5. You do not need to be an attorney, though this credential will definitely help.
1. Write "Oak Trees" as the first line of your application.
2. Tell me about your previous work with asset protection. Mention any asset protection plans you did for other clients.
3. (Optional) Answer some of the questions above. This way I can get an idea of how you think through these problems.
I look forward to working with you soon.