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Uses of the Nevis LLC
The Nevis LLC could be used for any business venture or
professional practice anywhere in the world outside of Nevis,
including international financing companies to gather funds
for U.S. or non-U.S. operations, real estate holdings in the
United States or elsewhere, manufacturing concerns, and operational
or investment vehicles for offshore trusts.
FAMILY LLCs based on the valuation advantages offered by
the Nevis LLC, Nevis LLCs are an appropriate centerpiece for
an estate plan, with or without any other offshore component,
built around an FLLC.
As Part of an Asset Protection Plan. Whether as a direct
holding by a U.S. person or as an integral part of an asset
protection plan employing offshore trusts as LLC members,
the Nevis LLC provides more comprehensive asset protection
as a business entity than most other business entities available
elsewhere in the world. Further, if not complete in itself
for a particular individual’s needs, it can be easily
blended with other asset protection tools to add "suspenders"
to the asset protection "belt".
While most U.S. LLC statutes, as does the Nevis LLC Ordinance,
protect the company’s assets from its members’
creditors through the limitation of creditors to a charging
order, Nevis LLC Ordinance further specifies that this is
the exclusive remedy available to the creditor and also gives
the company power to redeem the creditor’s interest,
without requiring the company to do so.
Furthermore, as stricter reporting requirements and other
restrictions are being imposed on offshore trusts by the U.S.
government, such as the proposals contained in the Tax Compliance
Bill of 1995, offshore companies used for asset protection
purposes may become more attractive in certain cases as a
substitute for offshore trusts.
Professional Practices. Local practice rules for doctors,
dentists, accountants, lawyers, architects, and other professionals
may prohibit the use of a limited liability vehicle in general,
or may permit them but prohibit the use of one formed in another
jurisdiction. However, if permitted, this together with a
professional’s personal assets protection plan could
further protect a professional’s assets and possibly
even reduce his professional liability insurance premiums.
Joint Ventures With non- U.S. Investors in non- U.S. Projects.
A joint venture at its essence in a partnership. An LLC is
at its simplest level an improvement on the partnership given
the LLC’s liability limitations. So, any ventures that
could be structured as a partnership joint venture could be
done better as an LLC joint venture. Furthermore, the non-
U.S. members of a Nevis LLC with both U. S. and non- U.S.
members engaging in enterprises outside the U.S. would be
free of the U. S. income and estate tax regime.
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