How to Avoid Exposing Your LLC to Creditors (Anonymity Planning)

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- Hey guys, in this video, what I'm gonna talk about is anonymity planning, creating that anonymity shield from the standpoint of the things that you shouldn't do, when it comes to setting up your entities. Okay, let's get started. (upbeat music) Okay, so when we talk about anonymity planning, if you watch the other videos, I'm really a strong proponent of setting up structures where you're using an entity that's been set up in Wyoming or Delaware to hold all of your other business interests where you're engaging in passive activities. Because I really believe that what are my business is not someone else's business. I mean, there's just a lot of crazies out there right now in the world and you need to take as many steps as you can to keep your affairs private as possible. Because you never know when you're gonna run into that one tenant, who is just should be on the meds and they're not on the meds and you have to evict them and then they go crazy on you. I can give you plenty of examples of even on my events, One of our attorneys recently with an individual that we were dealing with, setup fake websites said this person was a sex slave and put the picture on it. They did all this stuff to destroy her character and went after her kids that she found on Facebook. I mean, this is the type of stuff that takes place right now on social media and when you make it so easy to find your assets you become a target for these individuals. So if you're wondering why I'm such a strong proponent of anonymity, it's because as I stated my business is my business and it doesn't need to be anyone else's business. So when you're creating these entities if you wanna create that anonymity shield, then as I've shown you, you start with that entity down here, typically it's Wyoming or Delaware. Any entity that does not collect any state where you can set up an LLC and they don't collect any information on you. That's the key here. New Mexico's an entity that you could use here but it doesn't have a strong as protections as Wyoming or Delaware. So you create this LLC here, you set it up, you're the manager right here, you're the member down here and your information is not listed with secretary of state. You think great, I'm gonna go out there and I'm going to do this and set it up. And then you're going to create other LLCs in various States to hold real estate and those LLCs are all gonna be owned by this Wyoming LLC that I have on the board here. And when you create these limited liability companies, you're gonna set them up as member managed, member managed. Now why member managed and not manager managed? And if you don't know the distinction, here's what it is. In a manager managed LLC, the manager makes the decisions. And typically when you set up a manager managed LLC, their state is gonna ask you to disclose the manager. Now, Delaware and Wyoming, they don't ask for anything. So it doesn't matter, you don't have to disclose it. But if you're setting this one up this will say this was in Florida, this one's in Georgia and this one's in Colorado. Well, if you set these up as manager-manager LLC is they're gonna say, "who's the manager?" And if you're the manager, your name goes out there, it's a lack of anonymity. So if you set them up as member managed then you have to list who the members are. All right now, if I'm creating this type of structure, this is the first entity I create and it's going to be the sole member of all of these LLCs. So who is the member when I file this entity? I'm gonna tell them that Wyoming LLC, Wyoming LLC, Wyoming LLC and I'll put its name I'm up there. So nothing traces back to Clint, that's how we create these structures, all right, that's the review. Now here's where we run into problems. I receive emails all the time from individuals who tell me they watch my videos and they go out there and they try to set up their structures and they run into problems and their name's exposed and what I'm talking about doesn't work. well, understand that when I'm teaching you and I'm giving you this information. It's not always in the context that you take what you learn from this and go out and do it on your own because there's certain things you just can't obtain on your own when you're doing setting up the entities. For example, here's how people blow these structures with setting up their LLCs when they're looking for an anonymity. So on your Wyoming LLC, for instance, they don't ask who the members or managers are, correct, but they wanna know this. Who is this registered agent? I'm just gonna say, RA. Every entity you create has to have a registered the agent. Now if you live in Wyoming, you could be your own registered agent. So, you list your name down there and then you wonder later on, how did they find me? I wasn't listed as the member or manager. I know, but you were listed as a registered agent and that's how they found you. Because you chose to use yourself rather than using a third party. So we're registered agents in all 50 States and the reason we provide this service to our clients while creating their entities is so that our client's information remains hidden and they can't trace the entity back to the client. Now, the other thing that you have to be aware when you're setting up this structure is they're always going to ask for the incorporator or the organizer of the LLCs. So whenever you set up the LLCs, even if you create the structure the way I'm describing here, when you're filling out the Florida LLCs, their articles to get them get this company organized, you're gonna put Wyoming LLC as it's member and then they wanna ask you, "well, who organizes, who completed all these documents?" If you've completed these documents, then you you won't be listed as a member or manager but you'll be listed as an organizer and you'll sign the document. So all an individual would need to do is pull up the entity, look at the articles of organization and there's your name right there. That's how they can find you as well because you choose to set up the entities on your own and you're the organizer. So again, you don't want organize your own LLCs. If you're trying to set up an anonymity structure, you can't set it up on your own as the organizer, you need to use a third party. For example, we set them up, who does it list as the organizer? Anderson Business Advisors, one of our staff is listed as the organizer in there. So that gives you anonymity. Okay, the third way in which they're going to track you back is through the business address. So typically you're gonna ask for a business address, when you set up an entity. Now, that business address, if you don't have a P.O box or an address that is not associated with you. If you have to use your home address, something like that. Well, you could get the RA right, you get the organizer right but then on that business address line, you tell the person who's incorporating it for you say you're using legal doom, I mean, legal zoom to set this stuff up. You gonna tell, "hey, here's my my address" because they need that. Now you set up a Florida LLC and you give it a California business address, which happens to be your home address. Could you do that? Absolutely, people do it all the time. So how does someone track you then? Only just do an address lookup and they say, who lives at this address right here? And guess whose name is gonna show up? Your name is gonna show up. So your business address is equally important. That's why you wanna use a P.O box, we provide our clients business addresses in Wyoming or Nevada, where we forward all their mail through. So again, nothing comes back to the client that they're able to discern who's behind this entire structure. So you have to be aware of the ways in which people can track you back. Now, a lot of individuals then once this has been set up their concerns become, well, when I open up the bank account or I have to an EIN letter from the IRS I've just given up all my anonymity protections. Well the answer to that is no, you're not giving up your protections there. You have to disclose yourself when you obtain your EIN or when you open your bank account for your entity and don't be concerned about that. So we've got a Florida LLC, I live in California and I wanna get a bank account set up with Wells Fargo, when I'm living in California for my Florida LLC. When I go into the bank I'm gonna give them my home address or an address I'm associated with in California because they're gonna require that or they're not gonna open the account. Now just because you provide them your home address for this Florida LLC for purposes of opening the bank account, doesn't make it a public record because no one knows about it. When you set up the account, if you're getting the cheques, you could say, "here's my address here in California but for purposes of my cheques I would like to use this address on the cheques. It could still be done possibly that way for you. So that type of a structuring is key to maintaining an overall anonymity shield. You have to look at where the small things because many times that's how an investigator that works for a law firm is gonna track the entity back to you. Information with the IRS, the bank that's gonna be private. The only way they're gonna figure that stuff out is if you take your bank statements, you take your tax returns and you throw them in the garbage on the curb and they're doing a little dumpster dive in one night and they find them inside of there. All right, creating anonymity shield, "ha" see it's hard to say, it's a great plan to protect your identity and the assets that you own. Just make sure, you're doing it right. Hey guys, thanks for watching. Hope you get a lot out of these videos. Leave some comments down below, questions you have. I'd like to respond to those and if you've got any ideas about other videos you'd like to learn more about hit me up with those, send me an email. Let me know, "Hey, Clint, I'd like to know more about this type of strategy planning when it comes to real estate investing." All right, take care. (upbeat music)
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Channel: Clint Coons Esq. | Real Estate Asset Protection
Views: 81,104
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Keywords: Avoid Exposing Your LLC to Creditors, Anonymity Planning, llc, anonymity, asset protection, real estate, investing, wyoming, limited liability company, nevada, forming llc for real estate investing, best llcs for real estate investing, llcs for rental properties, using llcs for rental real estate, llcs for commercial real estate, how to form llc for commercial real estate, using llc for real estate investing, best llc for real estate investing, proper llc for investing in real estate
Id: Uud2J8nAG-Y
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Length: 10min 35sec (635 seconds)
Published: Thu Mar 18 2021
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