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Online Asset Protection Quiz.

It sounds then that while you may recommend a corporation to conduct a business, would you normally use one to protect your personal assets?

No. For a corporation to give you inside protection, you must transfer your personal wealth to the corporation. You would then no longer personally own your boat, car, paintings, etc.; instead your corporation would. Your personal creditor could not directly claim the assets owned by the corporation, however, they could seize your corporate shares. That's the problem. Your ownership interest in the corporation can be seized and controlled by your personal creditor. If you own a controlling interest in the corporation, your creditor would indirectly control your corporation's assets. So you can never safely use the corporation alone to protect your personal assets. You must use a corporation in combination with other asset protection tools to adequately shield your personal assets. Nevertheless, a corporation can provide temporary shelter for personal assets. For instance, one memorable client transferred $100,000 to a Nevada corporation only two days before a creditor won a sizeable judgment against him. Had the client kept the bank account titled in his own name, the creditor would have immediately levied the account. But with his funds temporarily titled to a corporate account in another state, the creditor would first have to go through discovery before the creditor could find and seize the corporate shares. Of course, this gave us ample time to create a safer repository for his money.

In sum, the problem with using a corporation to protect personal assets is that you literally 'chase your tail.' While your assets are no longer exposed, your shares are instead vulnerable. For protection, you must then find ways to protectively title your corporate shares, as they cannot be owned by you personally.

Categories: Asset Protection

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The Presser Law Firm, P.A. - Asset Protection Attorney
Located at 6199 N. Federal Highway Boca Raton, FL 33487. View Map
Phone: (561) 953-1050
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