Historically, business incorporation required an act of legislature and signature of the governor, and would be limited to large enterprises. About 150 years ago, the laws were simplified to allow anyone to form a business with a filing and no act of the general assembly of a state legislature. Examples of Entities include an incorporated […]
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Real estate is passive and not a lightning rod that attracts liability. Real estate is also a large store of value. If the restaurant company holds title to the real estate, then you have taken a big risk that was easily avoidable. You should never let real estate be exposed to creditors of the business. […]
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If a business owner is personally sued and loses, the business owner’s LLC interest may be subject to attachment by the judgment creditor if the business was not formed as a Delaware LLC. A Delaware LLC is unlike the LLC of most states. By statute, a Delaware LLC limits the creditor to just a single […]
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Why the Delaware Series LLC Is Designed for Investment Companies The Delaware Series LLC is a good fit for investment companies because it offers flexibility and protection. Investment companies have engaged in segregating classes of assets into separate funds as far back as the mid 20th century. They first used vehicles known as statutory trusts. […]
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Series LLC Record-Keeping Requirements Series LLC laws clearly outline the conditions for maintaining records of associated assets. The most important condition is that internal records effectively keep the assets of each protected series separate from one another. Records must objectively describe an asset, distinguishing it from those associated with other protected series, or the parent […]
Continue Reading What Is A South Dakota Series LLC? South Dakota used the Illinois Series LLC as the model for its own Series LLC law. The statute allows a Series LLC to own assets either in its own name, or through one of its protected series. South Dakota requires additional filings to be made in order to […]
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