各州single member LLC 免责规则不一样,除非你在Delaware那样的天堂成立公司...

来源: 2024-01-31 06:16:50 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

https://www.wolterskluwer.com/en/expert-insights/what-states-protect-single-member-llcs

 

Changing order protection and asset protection

Single-member LLC asset protection can also be jeopardized if a changing order protection is imposed by a creditor on distributions from the business entity. A charging order is a court-authorized lien that protects non-debtor members of an LLC from being forced into partnership with the owner’s creditor.

However, because a single-member LLC has just one owner, there are no non-debtor members to protect. Subsequently, the business can be liquidated, and the proceeds used to satisfy a judgment claim by the creditor.

Certain states, including AlaskaDelawareNevadaSouth Dakota, and Wyoming, have amended their LLC laws to ensure that single-member LLCs have the same protection from creditors as multi-member LLCs. Meanwhile, in Florida and New Hampshire, LLC laws have been changed to limit the liability protection of single-member LLCs compared with multi-member LLCs.