Fraudulent transport, Civil Conspiracy, Uniform Fraudulent Transfer Act

Under the single Fraudulent Transfer Act, you would be committing a crime, see Section 19.40.041: "...( a) a transfer made or obligation incurred by a debtor to mislead creditors, whether the claim of the creditor before or after was the transfer was made or the obligation is incurred if the debtor or the transfer of an obligation incurred by the delay: to prevent (1) with actual intent to defraud any creditor or the debtor ... "

WAS FRAUDULENT funding work?

FraudulentTransport has, with the transfer of assets at less than the "fair cash value" that fraud has a potential creditor or the intentional sale of assets necessary to satisfy the claims of creditors who are no longer available. Fair cash or near cash value cash value at the time of transfer, not the price you pay for the asset.

For example, you transfer your portion of your capital in your home to your wife for $ 200.00 and the fair cash value of your share of the equity capital was$ 250,000 (total value of the home was $ 500,000), or the ownership of your Mercedes to your brother for $ 100.00. In addition, the IRS would argue that such a transfer of a gift, a gift subject to tax and assess a penalty for non-submission of Form 709 (PDF) United States Gift (and Generation-Skipping Transfer) Tax.

WHAT THE PUBLIC conspiracy?

The "civil conspiracy" was developed by the courts as (1) an agreement (2) by two or more persons (defined to meet 3) toovert act (s) (4) to promote the agreement or a conspiracy (5) for an unlawful purpose or a lawful purpose by unlawful means to achieve (6) damage to the other.

In order to convince the creditor must not only maintain the conspirators committed the act but also the action in the nature of a tort. The conspiracy alone is not enough to trigger a claim for civil conspiracy, without the underlying tort action. Lately, however, consultants have been dragged into the creditors' claims as co-conspirators forProposing and implementing daily common asset protection strategies. This made me more cautious, making sure that I was not taken into service on my own jungle.

EXAMPLE OF THE SINGLE MEMBERSHIP UNITS LLC and shares in a public stock exchange

SINGLE MEMBER LLC, should be avoided. The example that I can use is this: If you 1000 shares of General Motors, it is considered a personal asset subject to a creditor's claim. If the claim out of court in favor of the creditor perfectedOwner of 1000 shares of General Motors have transferred the shares to the creditor to satisfy his demands. The possession of units of a single member LLC is no different. The owner of the LLC membership units is equivalent to 1000 in the possession of the shares of General Motors, and therefore not require a perfect believer.

Asset Protection: Load TITLE of assets of another entity

THE CONCEPT OF THE Asset Protection includes the possibility of placing titlecertain assets in the name of a less vulnerable spouse or other family members or a legal person. It should be very attentive in transferring title without transferring an open invitation to a "fraudulent transfer" claim against the asset or the possibility of the death of a spouse or a family member and eventual dissolution of marriage or a court decision.

The most common methods of ownership of assets by INDIVIDUALS:

Joint tenancy · · community property with right of survivorship pension· Tenant in common · tenancy by the entirety · Community Property

Create legal entities (artificial person) through the application of the law:

· General Partnership Limited Partnership · · company (limited liability · Corporation under Chapter "C" · Corporation under Sub Chapter "S" · Revocable Trust Revocable Trust There are many variations, since a trust is nothing more than a contract) · Irrevocable Trust (There are many variations Irrevocable Trust, there is a confidencenothing other than a contract)

To avoid more about avoiding fraudulent transfer rules and how the civil conspiracy when repositioning provides precise realization of assets and asset protection systems in accordance with an experienced and qualified financial planners and consultant in these matters such as Estate Street Partners free initial advice .

I have always warned against, simply speak with a lawyer and an accountant only in complex financialregarding single member LLC, scenarios, partnerships limited liability company formations, rules about fraudulent conveyance and civil conspiracy and asset protection. It is best to develop or consult with a group or team, consisting of a lawyer, accountant and financial planner or consultant provide you with the best, well-rounded protection. You will receive a more thorough understanding of the nature of asset protection LLC formations in a fraudulent transfer and civil rights to avoidConspiracy sentences.