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Albert Marmero
Albert Marmero,
Category: Business Law
Satisfied Customers: 197
Experience:  Partner at Long, Marmero, & Associates, LLP
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I have run a small investment company while and wish

Customer Question

I have run a small investment company for a while and wish to find out the best structure and best state to insulate it from any personal liability (ie. If I am sued personally they can't go after the assets of my business) Potential liability could include a fraudulent conveyance claim so that will need to be accounted for (I never committed fraud but a company I was invested in made payments to me years ago that the bankruptcy trustee may try and claw back at a future date). Can provide more detail upon a response
Submitted: 1 year ago.
Category: Business Law
Expert:  Albert Marmero replied 1 year ago.
If you're seeking to limit liability generally an LLC is your best bet, as it offers limited liability without all of the strict requirements of a corporation. Choosing the state has less to do with limiting liability and more to do with tax implications and privacy. Generally, Delaware, Nevada, and Wyoming LLC's are viewed as the most favorable to the business owner.If you found this helpful, please rate my answer. And feel free to ask follow-up questions.
Customer: replied 1 year ago.
Not sure my email explained correctly.. I personally have very limited assets. I do invest money which includes some of my own money theru a Delaware LP. I am concerned that down the road, a company that I had a personal investment in and who made legitimate k-1 payments to me and is now bankrupt is going to try and claw back those payments. Even though they were forced to file bankruptcy in 2013 the trustee is going to try and prove they were technically insolvent in 2009 and any payments made to me were a fraudulent transfer. if I have very few assets in my name but do have assets in my investment vehicle, I need to know the best way to prevent a Potential piercing of the corporate veil and to know which states might have the best protection structures available
Customer: replied 1 year ago.
Hi..if this is too detailed for you to answer please let me know and u can open it back upN
Expert:  Albert Marmero replied 1 year ago.
Got it. I think in your situation a Nevada LLC is your best bet. The LLC will provide insulation and Nevada LLCs are known for being the most private. See this link.....
Expert:  Albert Marmero replied 1 year ago.
And if this is helpful, please remember to provide a rating.