Shelf LLC

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The Limited Liability Company

We have aged shelf LLCs that are immediately available. Need a list of our shelf corporations? Did you ever hear of the charging order protection? Do you know how this form of protection can help you in times of trouble? In 1977, Wyoming was the first state to pass a Limited Liability Act. This was the first time the Limited Liability Company (LLC) was introduced to American business. Once the IRS recognized the LLC can be taxed as a partnership (that is, as a pass-through entity), all 50 states passed statutes creating their own version of the LLC.

Why a Wyoming Shelf LLC?

17-29-503. Charging Order.

  • On application by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment debtor.
  • Reserved.
  • Reserved.
  • The member or transferee whose transferable interest is subject to a charging order under subsection (a) of this section may extinguish the charging order by satisfying the judgment and filing a certified copy of the satisfaction with the court that issued the charging order.
  • A limited liability company or one
  • or more members whose transferable interests are not subject to the charging order may pay to the judgment creditor the full amount due under the judgment and thereby succeed to the rights of the judgment creditor, including the charging order.
  • This article does not deprive any member or transferee of the benefit of any exemption laws applicable to the member’s or transferee’s transferable interest.
  • This section provides the exclusive remedy by which a person seeking to enforce a judgment against a judgment debtor, including any judgment debtor who may be the sole member, dissociated member or transferee, may, in the capacity of the judgment creditor, satisfy the judgment from the judgment debtor’s transferable interest or from the assets of the limited liability company. Other remedies, including foreclosure on the judgment debtor’s limited liability interest and a court order for directions, accounts and inquiries that the judgment debtor might have made are not available to the judgment creditor attempting to satisfy a judgment out of the judgment debtor’s interest in the limited liability company and may not be ordered by the court.

The Wyoming LLC

The Assets Are Made Unattractive to the Creditor

The manager of the Wyoming shelf LLC can refuse to distribute the earnings. (If the operating agreement so allows.) What is the advantage of withholding the distribution from the hostile creditor?

This means that the creditor is now liable for income taxes on those Wyoming LLC earnings, whether or not they’re distributed. The hostile creditor is now liable for taxes on earnings not yet received or for what is typically referred to as “phantom income.” This places the member in a stronger position to negotiate a favorable settlement. Hostile creditors don’t want to pay taxes on earned income that’s out of reach.

For this charging order protection to be most effective, the Wyoming LLC must

  • Have at least two (2) members [Important!] in the Wyoming LLC
  • Managers can be people or another business.
  • The Wyoming LLC is taxed as a partnership
  • The Wyoming shelf LLC is managed by a manager, not the members. [Important!]