MAREI Newsletter October 2020

Page 9

A T T O R N E Y

R I C K

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D A V I S

A S S E T

P R O T E C T I O N

Business Entity Setup will Vary by Attorney, it should look something like this

Business Planning PROVIDED BY RICK DAVIS

There is a lot of misinformation in the

recommend it — with that being said,

have detailed conversations about how

real estate investor community about

that elaborate of an entity structure may

to structure the business to ensure

the entities that you should use. Many

not be necessary for a retired couple

accountability of all involved and to

companies promote the alleged value

living on social security and income

address situations such as how to

of Nevada or Wyoming LLCs because

from their rentals or an eighteen year

proceed on an issue when there is a tie,

of asset protection or anonymity. What

old with no assets who is working on

or when one of the members dies.

they don’t tell you is that Kansas has

purchasing his first property. Business Planning Process

the same charging lien protections as Wyoming and there is no such thing as

The bottom line is that your entity

true anonymity when it comes to entity

structure needs to be right for you, and

Because of all involved, our business

formation. If someone really wants to

that is why we developed a detailed

planning process can take 1-2 weeks

sue you, they will figure out who the

process that helps to evaluate your risk

and is not intended for someone that is

owners are — trust me because as a

tolerance, organizational skills,

simply looking to form a quick LLC. If

lawyer I do it.

investment strategy and future plans,

that is something you are looking for, I

and assets you risk losing. Once we

would recommend going to the Kansas

More important than this, however, is

have reviewed that information, we will

or Missouri Secretary of State’s website

that anyone who tries to sell you on a

present a plan to you that we think is

as it can be done with a short web form

one-sized fits all entity structure is not

best, but that plan will include options

and will be formed in a few minutes. On

looking out for your interests. For

and ultimately you will decide what

the other hand, if you are looking for

example, I am aware of an attorney

plan is best for you after learning the

detailed planning to protect you, your

down in Texas who promotes a

pros and cons of each option.

assets, and your business partners, I

structure with series LLCs and Land

Moreover, if your business model

welcome you to get started by

Trusts. I am not saying this isn’t a good

includes partners or other investors

completing our entity formation intake

structure — and in fact at times I would

who you work with on projects, we will

form online. The form should take


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