Utilizing Asset Protection Trusts And Limited Liability Companies ...

Corporate Shield of Liability

For centuries business structures have been utilized for Asset Protection Planning. A corporation is normally a very effective way to shield one?s personal assets from liability resulting from the operation of a business. Normally, the shareholders of the corporation are only liable to the extent of their investment in the corporation. However, officers, directors and employees can be personally liable for their conduct relative to the operation of the business and, therefore, may want to consider other alternative means of Asset Protection with respect to their personal assets. Over the last few decades, expanding theories of liability and the proliferation of litigation has given increased emphasis to Asset Protection Planning above and beyond the corporate shield of protection. Potential liability is a major concern to doctors, dentists, other professionals and persons of high net worth engaged in business or real estate activities.

Inside and Outside Debts

Inside creditors are those creditors whose claims are directed against the business operation or real estate which is operated and owned inside of business entity:

Outside creditors are those creditors whose claims arise outside the purview of the business entity and are generally asserted against the professional, business or real estate owner personally.

Corporations protect against inside debts against the business as do limited liability companies (?LLCs?). LLCs are state chartered entities that provide a shield of protection similar to the corporate shield, but are treated for tax purposes as either a sole proprietorship or partnership. LLCs are extensively used to hold real estate assets because they combine the protection aspects of a corporation with the tax benefits of a partnership or proprietorship. Because of the tremendous liability potential of real estate activities, serous consideration has to be given to holding real estate (especially income producing real estate) in LLCs.

Although corporations and LLCs protect against inside debts, we have already indicated that many professionals and business and real estate owners are concerned about outside debts or personal debts such as malpractice claims, negligence claims for accidents and other kinds of personal liability claims that are engendered by aggressive plaintiffs lawyers. The questions then becomes how do we protect against the outside claims (personal liability claims)? This is where the combination of an LLC with the an Asset Protection Trust can be a very beneficial strategy.

The LLC and the Charging Order

The basic remedy of a creditor of a member or owner of an LLC is to obtain a charging order against that member. The charging order prevents the creditor from reaching the LLC assets. The creditor is limited to a court order charging the interest of the member/debtor so that if any distributions are made from the LLC to the member, they have to be distributed to the creditor. Normally, the creditor gets only the economic rights to the distributions not the voting rights or other non economic rights of the LLC Member. The application of the charging order in any particular case will depend on the state?s statutory provisions and case law treating the charging order subject. The benefit of the charging order remedy to the owner of the LLC is that the assets within the LLC are protected from the outright seizure by the creditor who is limited only to distributions that may not be made pursuant to the discretionary right of the manager to withhold such distributions. In other words, assets that would be otherwise attractive to a judgment creditor become much more unattractive if they are held within a limited liability company where the charging order is the exclusive remedy.

Domestic Asset Protection Trusts

The general rule in most states is that creditors can reach the interest of the trustor (the maker of the trust) of domestic self settled trusts. However, recently, several states have adopted legislations somewhat similar to various offshore jurisdictions that provide by statute various degrees of asset protection for a trustor?s interest as a beneficiary in a self settled trust. Alaska, Delaware, South Dakota and Nevada seem to have the best laws in this regard.

If properly set up and maintained, the domestic asset protection trust will be a significant barrier to creditors and will afford significant leverage to the debtor with respect to its negotiations with the creditor. This is especially true if the assets of the trust that need to be protected are domiciled in a state which is a domiciliary of the Asset Protection Trust.

The problem is that the courts of the non domiciliary states may not give effect to the Asset Protection features of the Trust. However, there is no question that a significant degree of protection is afforded by using the domestic Asset Protection Trust especially when it comes to negotiating for a settlement with the creditor.

Foreign Asset Protection Trusts

A Foreign Asset Protection Trust is a trust that is set up in an offshore jurisdiction which has enabling trust legislation providing for substantial protection against creditors of the Trust. One of the greatest advantages of the Foreign Asset Protection Trust is the fact that by its very nature any legal attack against its assets are transferred aboard to a different legal system. Normally, a foreign trustee is necessary for the efficacy of the Foreign Asset Protection Trust. The biggest advantage in utilizing the Foreign Asset Protection Trust is that assets can be placed offshore beyond the jurisdiction of US courts? Some of the principal advantages of the offshore trusts are as follows:

a. Most foreign jurisdictions do not recognize US court decisions as judgments. This may force a new trial on the merits and the foreign situs country.

b. Some foreign situs jurisdictions require a much more difficult burden of proof for a creditor to challenge asset transfers to Foreign Asset Protection Trusts.

c. Some jurisdictions have statute of limitations for challenging asset transfers to a foreign asset protection trust that begins to run on the date of transfer.

d. Fees and expenses in litigating in the foreign jurisdictions are going to be substantial thereby serving as a strong deterrent to foreign litigation.

Modular Structuring

One of the best asset protection strategies is to combine the utilization of the Domestic Asset Protection Trust (?DAPT?) or Foreign Asset Protection Trust (?FAPT?) with an LLC. Basically, the member interest of the owner of the LLC is transferred to the DAPT or FAPT which holds the interest more or less as a custodian. For example, a husband or wife can be the trustors or the makers of DAPT or FAPT. An LLC can then be set up to hold real property and the member interest can be transferred to DAPT or FAPT. Another LLC can be set up to hold liquid investments and, again, the member interest can be transferred to DAPT or FAPT. It is recommended that a third party own at least 5% of the LLC because the efficacy of the charging order is greatly reduced and even eliminated when the LLC is a single member LLC.

Divided You Stand United You Fall

If an individual owns everything in one company or in his or her own name, one lawsuit can result in the loss of everything that individual owns. However, if assets are spread around into different liability protected entities, then only the entity involved in the suit may be at risk. What this means is that most valuable assets should be segregated into separate LLCs, i.e., real estate parcels in separate LLCs and liquidity and business equipment and/or liquid investments in other LLCs.

Example:

John Smith and his wife, Jane, own two income producing properties and several percentage investments in other real estate projects. John is a building contractor and developer and is not only worried about liability for his real estate and business interests, but also has concerns about personal liability. He and Jane set up a DAPT and placed their income producing properties in separate LLCs and some of their investments and liquidities in other LLCs. John?s sister, Joan, is given a small interest in some of the LLCs and Jane?s sister, Jenny, is given a small interest in some of the other LLCs. If a creditor tries to assert personal liability against John and is successful in obtaining a judgment, they would have to try to enforce the judgment by going against the DAPT as well as the various LLCs where they may be limited only to a charging order remedy.

Source: http://www.mbasset.org/64-utilizing-asset-protection-trusts-and-limited-liability-companies.html

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Learn more about Social Networks

Social social networking, we possess all most likely observed of it before, but not everyone knows what it implies? If you had been asked to describes what sociable social networking was, would you be able to offer an correct definition. However, a lot those cannot, even though it is most likely that these folks participate in some form of sociable social networking, especially online. buy twitter followers

Social social networking is delineated as the grouping of those together into to certain groups, often enjoy a little community or a neighborhood. Though sociable social networking is possible in person, especially in institutions or in the workplace, it is most famous online. Doing so is simply because not like a lot high institutions, faculties, or workplaces, the net is crammed using millions, if not more, of those who are wanting to service other net customers and develop friendships. buy youtube hits

When it comes to sociable social networking online, internet sites are applied. These internet sites are have any idea as sociable social networking internet sites. Social social networking internet sites are, in a way, enjoy an online community of net customers. Relying as a sociable social networking site in question, many of these online community members give a typical bond, whether or not that bond be hobbies, faith, or politics. Once you are granted geregreger a sociable social networking site one can start to socialize. Doing so socialization may include studying the profiles or profile content of other members or even contacting them.

The friends that you can make are merely one of the many positive aspects to sociable social networking online. A different the kind of positive aspects comes with diversity. As opposed to in a lot institutions or workplaces, the net provides those, from all close to the world, geregreger sociable social networking sties. Doing so implies that although you are in the Combined States, you may develop an online friendship using somebody in Japan. Not only are you going to make a new friend, you but may also learn a thing or two about a new culture.

As beforehand mentioned, sociable social networking often involves grouping certain those or businesses together. Although students have some sociable social networking internet sites that concentrate on particular internets, students have others that do not. These internet sites are often considered standard sociable social networking internet sites. These kinds of internet sites ordinarily possess an open up membership. Doing so implies that anybody can get a member, no matter what their hobbies, perceptions, or scenery are. Having said that, at one time you are interior doing so online community, one can start to develop the own connect of friends; hence eliminating others that do not service the criteria.

Source: http://www.startherearticles.com/business/learn-social-networks/

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Source: http://69ta.com/2012/03/top-reasons-to-hire-a-brisbane-limousine/

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Tips For Happy Marriage Relationships

A happy relationship must be a give and take situation. If one partner is shouldering most of the load, sooner than later there is going to be trouble. The problem in a situation like this is that the spouse doing all the taking becomes more and more complacent and relies on the other almost completely. They never see it coming when the final straw breaks the partners back and suddenly they have had enough.

Unfortunately, it is usually the wife of today that carries the overload. In today?s economy it takes two incomes to keep a family?s head above water. This alone can cause tension in a relationship. Gone are the days of the wife that could stay at home and cook and clean and tend to the domestic needs of the family.

The modern wife and mother has to wear several hats. She usually has a full time job, from which she comes home from exhausted, only to be met with the children?s problems and the almost immediate need to feed them.

Next comes the husband in a rush to eat and get going because tonight is his bowling night. The wife is faced with doing the dishes, putting the children to bed and straightening up the house.

This can go on as pretty much a routine, with the wife and mother taken more and more for granted. Until one day when it dawns on her that there must be more to life than this. She loves her children and her husband but she feels used. Then depression sets in. She feels trapped in a situation from which there seems no escape and her depression deepens.

The reason that this situation is so common in marriage relationships is the tendency for people once they are married, to fall into certain roles. The wife feels that she should cook, clean the house and care for the children.

The husband feels that he should be the bread winner and do small repairs and tasks about the house. This is natural. In fact it is in our genes.

But today?s marriage relationship can no longer be that way, not when both spouses need full time jobs. A marriage today is a partnership like never before with duties split right down the middle. No this is my duty and that?s yours. Men must share the care of the children. Men must share the household duties of cooking and cleaning.

But, even if the duties are split equally and each spouse is doing their share, there is something else that must be considered in a healthy relationship. It?s the fact that men and women are different and even though they might try to deny it, the fact is that women require more love and consideration than men. So, a tender word, a hug and a kiss, not occasionally, but often will go along way to making for a happy marriage relationship.

H L Archer is well versed in the field of romantic relations having helped many people over the years to solve problems of dating, strained marital relations, divorce, dating after divorce and surviving after a relationship breakup. If you are having trouble with a relationship you do not have to cope with it alone.

Source: http://www.a1article.net/arts-and-entertainment/tips-for-happy-marriage-relationships-7447.html

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11 Essential Direct Sales Recruiting Tips For Team Building Success

Today I am posting a copy of an article I wrote 4-5 years ago about how to recruit new team members into your Direct Sales business. Even after all of this time I still find the information in this article to be relevant so I wanted to post it here today on my blog for all of you.

_______________________________________________________

11 Essential Direct Sales Recruiting Tips For Team Building Success by Shelly Hill

I have been working in Direct Sales since 1989 and I have learnt a lot over those years as to what it takes to be a successful Direct Sales Recruiter. I have been one of the top 10 in recruiting in our Direct Sales Unit since 2003.

One question I am often asked is, how do you manage to get so many recruits? My reply is simple, I did my homework first on what works and what doesn?t work when it comes to talking to potential recruit leads.

Here are some recruiting tips that I have learnt over the years.

11 Essential Recruiting Tips

1. Never over-hype the business opportunity! Some people are leary of those who over-hype any business opportunity, making it sound too good to be true can scare people off. Always give straightand truthful facts about your companies business opportunity.

2. When talking to a possible recruit via phone or in person, always speak clearly, do not use slang words and make sure you sound like you are excited to be talking to them about your Home Business Opportunity. Try not to have other distractions going on at the same time in the background ie. kids screaming, hubby yelling etc. The new possible recruit deserves your undivided attention.

3. Allow the person you are speaking with to to ask you questions. During the conversation at several points, make sure you say ?Do you have any questions for me?? then go on and answer them.

4. Make sure you educate yourself about the current New Consultant Specials that your company is running so you can explain them to the possible new recruit. You should inform your new potential recruit of all costs in starting this home business along with normal ongoing costs such as reordering of catalogs, monthly website fee?s, order form costs, mandatory quota?s and so forth.

5. I like to end my conversations with ?I would like for you to think about all of this and you can contact me again if you have any questions for me? and let them know how they can contact you again via email, phone, mail or in person type of contact. Let them know when you are available ie. Your schedule.

6. After a few days or a week if you do not hear back from them, you can initiate contact again to see if they have any questions for you. Never assume they are not interested, sometimes they get busy with other things so always follow up with them atleast one additional time.

7. I keep a list of possible recruits, sometimes its just not feasible for them to join right now ie. money committments, family committments and so forth. The next time we run a good new consultant special, I pull my list and initiate contact with them again. This has worked several times for me in getting new recruits! Just because they say no now, doesnt mean you will get another no in a few weeks!

8. I try to connect with all recruits on a personal level too. I tell them why I joined and started my own home business, a little about myself and why this company has worked for me. This gives them a personal connection. I also ask if they have children or if they are married and how this business can work for them around their family obligations and so forth.

9. Always be honest when recruiting! Dont lie and say you are making thousands of dollars! Let them know that with any business or job, it does take consistent work. Hard Work does pay off!

10. After I get a new recruit, I always follow up! I like to email them and let them know I am available to answer questions or to help them get started any way I can. I also like to snail mail them a Thank You card with my personal contact info inside it. I always make myself available at any time to answer any of their questions or to offer help when they need it.

11. Consistent Contact with New Recruits is essential for them to stay in it for the long haul. Keep in contact with them via phone, email, postal mail, team meetings etc. This keeps them connected to you and well informed about the business they are now involved in.

Remember, When you recruit?its also your job to help them get started by answering any questions they have. You just don?t sign them up and never contact them again. That makes for bad business relationships! The more help you offer and the more connection you make with them the better recruit they will be for you!

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Source: http://www.workathomebusinessoptions.com/2012/03/03/11-essential-direct-sales-recruiting-tips-for-team-building-success/

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CBSRC-246-1319649A13 ? RF and Communications Engineering ...

? Strong background in the design of RF Networks for both data and voice, RF Propagation Analysis and RF surveys
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Article source: http://www.careerboard.com/job/1784745-RF-and-Communications-Engineering-Sub_Section-Manager.aspx

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Posted by admin on Mar 4 2012. Filed under Jobs. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

Source: http://refinerynews.com/cbsrc-246-1319649a13-rf-and-communications-engineering-sub-section-manager/

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