Key Asset Protection Statutes

For U.S. investments, income tax planning and asset protection may be efficiently accomplished by holding U.S. investments in a One-Member California Limited Liability Company which is owned by a California Trust and managed by a California Corporation.

Please see enclosed Key Asset Protection Statutes in California:

1. California Probate Code §18200
If Settlor retains absolute power to revoke, then creditors can attach trust corpus.

2. Family Law Code §910(a)
Community estate is liable for a debt incurred by either spouse before or during marriage.

3. Corporation Code §17302(b)
Court may order a foreclosure on the LLC membership interest, and the purchaser at the foreclosure sale obtains the rights of an assignee.

4. Corporations Code §17301(a)(2)
An LLC creditor-assignee obtains rights to the economic interest of the member, only, with no right to vote or participate in management.

5. Corporation Code §17301(a)(3)
An Assignee of an economic interest is entitled only to distributions of property (cash) and allocations of taxable income, gain, loss, deduction and credit.

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