Nevis LLC Description

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A Nevis LLC has tremendous asset protection benefits.

So, let’s get straight to the point


and talk about the 10 main advantages of a Nevis LLC. First, we will look at the benefits.
Afterwards, you will find a detailed explanation of each item. We will discuss opening
a bank account and discuss the charging order protection.

1. The Nevis LLC provides asset protection for both multi-member and single
member companies. That is, it protects the members from losing their companies
or the assets inside from personal lawsuits. We call this “charging order”
protection. (This is not the case for single member US LLCs in 47 of the 50
states, as of this writing.)
2. One must post a bond in Nevis courts before filing a lawsuit associated with a
Nevis LLC. This bond was $100,000 with the 2015 amendment. The legislature
changed this in 2018 to any amount the court decides (including, but not limited
to, greater than $100,000).
3. Transferring assets to a Nevis LLC does not trigger tax consequences associated
with most other types of offshore companies. This is because LLCs are generally
tax-neutral where taxes flow through the company to the members.
4. There is a two-year statute of limitations on fraudulent conveyance after assets
are placed inside of a Nevis LLC. Thus, after this time, courts will refuse to hear a
case for the purpose of charging a member’s interest.
5. Fraudulent transfer accusations require a very high level of proof. Even if a
creditor beats the statute of limitations, the law requires proof beyond a
reasonable doubt. (This is a very high legal hurdle.)
6. There is not a limit to the number of members one can add to the LLC.
7. US Bankruptcy courts cannot generally touch Nevis LLC assets when properly
structured (unlike US LLCs).
8. Unlike US LLCs, Nevis courts do not allow foreclosure of a member’s interest in
the company.
9. There is a method for releasing a lien against someone’s ownership interest in an
LLC. That is, someone else (spouse or children, for example) can obtain the
debtor’s LLC membership free of the lien.
10. US courts constantly rule that the courts where company was formed should
interpret inter-company agreements; not where the LLC members live. This
includes operating agreements, and transfers of membership interest mentioned
above.

A US person operating a Nevis LLC may need to do a simple, one-time filing of the IR
Nevis LLCs

A Nevis LLC has tremendous asset protection benefits. So, let’s get straight to the point
and talk about the 10 main advantages of a Nevis LLC. First, we will take a look at the
benefits. Afterwards, you will find a detailed explanation of each item. We will discuss
opening a bank account and discuss the charging order protection.

1. The Nevis LLC provides asset protection for both multi-member and single
member companies. That is, it protects the members from losing their companies or the
assets inside from personal lawsuits. We call this “charging order” protection. (This is not
the case for single member US LLCs in 47 of the 50 states, as of this writing.)

2. One must post a bond in Nevis courts before filing a lawsuit associated with a
Nevis LLC. This bond was $100,000 with the 2015 amendment. The legislature changed
this in 2018 to any amount the court decides (including, but not limited to, greater than
$100,000).

3. Transferring assets to a Nevis LLC does not trigger tax consequences associated
with most other types of offshore companies. This is because LLCs are generally tax-
neutral where taxes flow through the company to the members.

4. There is a two-year statute of limitations on fraudulent conveyance after assets


are placed inside of a Nevis LLC. Thus, after this time, courts will refuse to hear a case
for the purpose of charging a member’s interest.

5. Fraudulent transfer accusations require a very high level of proof. Even if a


creditor beats the statute of limitations, the law requires proof beyond a reasonable
doubt. (This is a very high legal hurdle.)
6. There is not a limit to the number of members one can add to the LLC.

7. US Bankruptcy courts cannot generally touch Nevis LLC assets when properly
structured (unlike US LLCs).

8. Unlike US LLCs, Nevis courts do not allow foreclosure of a member’s interest in


the company.

9. There is a method for releasing a lien against someone’s ownership interest in an


LLC. That is, someone else (spouse or children, for example) can obtain the debtor’s
LLC membership free of the lien.

10. US courts constantly rule that the courts where company was formed should
interpret inter-company agreements; not where the LLC members live. This includes
operating agreements, and transfers of membership interest mentioned above.

11. Nevis LLC Laws

12. A Nevis LLC is a limited liability company formed under statutes enacted in the
Caribbean Island of Nevis. Nevis enacted LLC statutes in 1995 and amended them in
2015, further enhancing its asset protection features. The island of Nevis makes up part
of the Federation of Saint Kitts and Nevis. It is located about 1300 miles southeast of
Florida and about 300 miles east of Puerto Rico. It has, since 1984 when government
enacted the Nevis Business Corporation Ordinance, promoted itself as an asset
protection haven.

13. Establishing an LLC offshore can provide as additional layer of asset protection
over US LLCs. You receive the most protection when you hold the assets in a foreign
account in the company name. This is because these assets are outside the reach of US
courts. Plus, some foreign jurisdictions have LLC statutes that offer superior asset
protection compared to US statutes.

14. The Island of Nevis enacted favourable LLC laws in 1995. A US person, in turn,
can use a Nevis LLC plus an offshore bank account or investment account. They often
use this combination to help protect the funds from domestic lawsuits. Alternatively, one
can use the company to run a business in the United States. Doing the latter is, first, just
a matter forming a company. Next, one files foreign qualification papers in the state
where one wishes to operate.

15. Naming Your Nevis LLC

16. The government needs to give special approval for companies containing certain
words. Restricted words in the name of the company include the following: Assurance,
Bank, Building Society, Chamber of Commerce, Chartered, Co-operative, Fund,
Imperial, Insurance, Investment, Loans, Municipal, Royal, or University.

17. Favourable 2015 Amendment

18. The Nevis legislature amended the Ordinance in 2015, which further increased
the asset protection benefits of a Nevis LLC. First, Nevis allows single member limited
liability companies (SMLLCs). Plus, they give SMLLCs the same protection as multi-
member ones, unlike most US states. That is, Nevis law establishes a charging order
lien as a creditor’s exclusive remedy. So, let’s say a creditor attacks a debtor’s
ownership interest in a Nevis LLC formation. If so, LLC protects the assets that the LLC
holds (such as its bank and/or brokerage accounts). This is the case even if only one
person owns it. Thus, someone with a judgment against the owner of a Nevis LLC
cannot take the LLC nor the assets inside.

Benefits in US Law

Better yet, suppose a US person or company has the charging order. The IRS requires a
US person holding the charging order to pay taxes on that portion of member’s the
profits that the company earns. Moreover, they owe the taxes whether they actually
receive the distributions or not (Rev. Rul. 77-137). This is because the one who has the
right to receive the distributions is the one responsible for the tax bill. So it doesn’t matter
if the LLC actually distributes the profits or not. One more time, yes, the IRS would
require the one who sued you to pay your Nevis LLC member’s tax bill. This is so even if
you decide not to make distributions to them from your company. Charging order liens in
Nevis expire after three years and are not renewable.
Operating a Nevis LLC

A US citizen who transfers assets to an offshore single member LLC does not trigger tax
consequences. Normally, transferring assets to other types of offshore entities would do
so. Nevis does not recognize foreign judgments. Management in our Nevis office knows
of no case where a US creditor has ever obtained a charging order lien through Nevis
courts to enable them to enforce a judgment from the US.

It gets even better. The 2015 amendment reduced the fraudulent transfer statute of
limitations in Nevis to only two years. That means this. Suppose you transfer assets into
a Nevis LLC. Two years later the courts will refuse to hear the case. Even better, the
creditor must prove their case beyond a reasonable doubt. That is, they must prove, to
that level, that the debtor transferred assets to a Nevis LLC to hinder or delay creditors.

So, informing the courts that you simply moved assets into the Nevis LLC to diversify
internationally may cast enough reasonable doubt. You can use this as a defence
against fraudulent transfer accusations and keep creditors at bay. Moreover, the 2015
amendment makes a creditor post a $100,000 US bond before filing legal documents.
Thus, to enforce a judgment against a Nevis LLC member is very expensive. In 2018,
the Nevis government went a step further. They allowed the Nevis High Court to set a
bond amount even higher (or lower) than the $100,000 US cap.

Protection in US Courts

On the other hand, US courts consistently hold that creditors can foreclose a debtor’s
interest in a US single member LLC through US state court proceedings. US LLCs have
the charging order lien protection as well. However, US courts consistently break
through the protection afforded by US LLC statutes. Not in Nevis.

How does this help in US court? Additional amendments made in 2015 to Nevis LLC
statutes can be very beneficial to defend assets held therein from attacks in US courts.
The 2015 amendment to the Nevis LLC statutes possesses verbiage protecting
members who have charging order liens on their interest in the company. Other LLC
members, who do not have liens on their membership, can obtain that member’s
interest. For example, let’s suppose a husband, wife and two children own a company.
The father gets a judgment against himself and his interest in the LLC obtains a
charging order. The wife or children can obtain his interest in the LLC free from the
charging order. Alternatively, he can redeem his own interest in the LLC with other
assets, including assets that are exempt from judgment creditors.

Nevis LLC Charging Order Protection

In addition, the new statutes provide that even if a member has a charging order, he can
still contribute additional capital. Plus, if there are two or more members, the member
that is free to make distributions may do so without the need to make distributions to the
charged member that would result in seizure of that portion of the distribution.

The two prior conditions have to do with the inner workings of the LLC and its members.
In just about all US jurisdictions, issues having to do with inner company matters and
among the LLC members are regulated by the jurisdiction where the entity was formed
and not by where the members or owners live.

Nevis LLC Administration

A US person operating a Nevis LLC may need to do a simple, one-time filing of the IRS
Form 8832. Whereas, by default, US single-member LLCs receive sole-proprietor, or
“disregarded entity” tax treatment and multi-member LLCs are taxed as partnerships,
offshore LLCs need to file the 8832. As such, a Nevis LLC is considered tax-neutral and
should have no effect on taxation to the US person. Nonetheless, so we don’t appear to
be giving tax advice, we recommend consulting with a CPA who is experienced with
offshore structures.

Another nice feature of the Nevis LLC is that members or managers do not have to live
in Nevis. For example, the manager of a Nevis LLC may be a member and may also be
a debtor with a judgment against himself or herself. That person may live in the Unites
States or any other county on the globe. If someone has a judgment, that person can
have a significant amount of control over the Nevis LLC, which can hold assets in any
country. The Nevis LLC can hold assets in the US, Nevis or anywhere else. The Nevis
LLC may have a bank account in California, Nevis, Switzerland or elsewhere.

Nevis LLC Manager

Whereas it is possible, it is not optimal from an asset protection standpoint if a judgment


debtor is also the manager of his own Nevis LLC. It is better to appoint a manager who
lives outside of the US. Since US courts do not have jurisdiction over offshore LLC
managers, a US judge cannot successfully enforce an order for the foreign person to
send the funds back to the US. So, a properly drafted operating agreement will not
allow a judgment debtor to remove a foreign manager, otherwise a US judge could order
him to do so. Our Nevis affiliate organization is licensed and bonded by an insurance
company to act in the best interest of clients. So, if there is a 100% chance of the
creditor seizing the assets if they remain in the US, two choices come to mind.

Option one is to do nothing and let someone seize your hard-earned assets. Option two
is to temporarily have our trust company/law firm take the reins. Our trust company has
gone through the intensive backgrounds checks necessary to obtain a Nevis license.
Plus, an insurance company backs its actions. In which scenario are the odds more in
your favour? For those who do not have trusted friends or family members residing
abroad, there are very reputable, longstanding trustee companies that have never taken
a client’s money that can step in as initial co-managers or successor managers who can
protect you when the “bad thing” happens.

Trust + LLC = Optimal Asset Protection

The ultimate asset protection arrangement involves an asset protection trust in Nevis or
the more popular jurisdiction of the Cook Islands. In this arrangement, the offshore trusts
hold all of the membership interest in the Nevis LLC. The client (and/or his or her
spouse) is the beneficiary of the trust and is the manager of the Nevis LLC. The Nevis
LLC, in turn, holds one or more bank accounts. The client is the signature on the bank
account. When the bad thing happens, the trustee of the trust can step in as manager of
the LLC, putting the client in a position of impossibility if a local judge order him to
repatriate the funds. There is no “fraudulent transfer” of assets when the position of
manager changes because there are no assets being transferred. Only a position in the
company changes.

When choosing a trustee, it is important to make sure that it is someone you can trust. If
the trustee has a license in Nevis or the Cook Islands you can rest assured that the
government has run significant background checks on its officers, directors and owners.
In addition, local regulators frequently audit and scrutinize the trust companies. Because
a sizable amount of the revenue in these jurisdictions comes from the offshore services
industry, these countries work very hard to uphold the reputation of their respective
jurisdictions. Incidentally, you will discover that the offshore management companies run
a much more thorough background check on you than you will on them. They want to
make sure they are doing business with reputable individuals operating with legal
sources of funds. Maintaining their licenses depend on it.

Protection in a Legal Emergency


What you will find is that when you have a legal emergency and you want a Nevis LLC
provider to come to the rescue, they do not manage your assets for you directly. Just like
a managed investment account in the US, they assign an investment professional at a
money management firm to invest your money for you, with your guidance. So, if you
need to have a trustee step in as manager of your Nevis LLC, they employ a bank’s
investment manager in Switzerland, for example to handle your investments. The
investment firm will typically contact you, propose a portfolio, and then seek your input.

So, like US managed accounts, you let the manager know your risk tolerances and the
institution will come up with a proposal for you to approve within the Nevis LLC. So, you
can have them choose the appropriate mix of stock, bonds, precious metals and/or
interest-bearing investments to meet your comfort level. In the case of Switzerland, a
banker from that jurisdiction will often eventually fly in to meet with you personally when
he is in the area visiting other clients. You will have online access to your account so
you can check your investments. You may also receive paper statements and
investment confirmations from your Nevis LLC account if you request them.

Advantages of a Nevis LLC

There are multiple Nevis LLC advantages, including the following:

• Exempt from Nevis taxes

• Inexpensive initial formation and annual maintenance

• Can be established within 24 hours

• Can operate a business in the US or other jurisdiction.

• Does not require paid-up capital

• The company is protected from seizure by a judgment creditor

• The assets inside of the company are protected from a judgment against a
member.
• Single-member LLCs are legal

• Single-member LLCs receive the same asset protection as multi-member LLCs

• Members (owners) and managers (those who run the company) are not filed in
the public records

• A manager of the LLC can control 100% of the company

• A manager is not required to be an owner yet can control 100% of the company
and its assets.

• A person or legal entity from any country can be a manager or member.

• There are not any foreign exchange controls

• Can merge with an LLC from another jurisdiction

• A US corporation or LLC may convert to becoming a Nevis LLC

Legislation

The Nevis LLC is created under the Nevis Limited Liability Company Ordinance 1995
and as amended in 2015. The statutes were originally based on the company statutes in
the very favourable US State of Delaware.

The Nevis Limited Liability Company (Amendment) Ordinance, 2015 (the “Ordinance”)
was enacted on July 1, 2015. There were two major asset protection revisions. First,
there was a restatement of the section dealing with charging orders. Second, there was
a new section added regarding fraudulent transfers.
The main change to the charging order section is that the charging order is the sole
remedy that is available to any judgment creditor (including a bankruptcy trustee). That
is whether the Nevis LLC has only one or has multiple members, Nevis courts will not
allow seizure of the LLC, or the assets held therein. Moreover, the law does not allow
the charging order to include amounts that arise from fines, penalties, or punitive
damages.

The statutes do not consider the charging order against a Nevis LLC as a lien on that
member’s interest in the company. The one who has the charging order may not jump in
and become a member, so the original owner retains his ownership. They cannot
exercise the rights of any member. The holder of the order cannot interfere with any
management decisions. Furthermore, they cannot liquidate or seize any assets of the
company. They cannot restrict the company’s activities. Moreover, they cannot dissolve
the entity.

Charging Order Expiration 3 Years

Unlike a US judgment that typically lasts for 10 years with a 10-year renewal (for a total
of 20 years), a Nevis LLC charging order is not renewable and has to expire after three
(3) years after it is filed. Moreover, the company can continue to seek additional
investments from its members and can hold onto the distributions that would usually go
to the charged member.

In Section 43A, a new statement was added dealing with fraudulent transfers into the
company. This section addresses creditors who try to seize assets that a judgment
debtor has transferred into the company. Taking after Nevis and Cook Islands trust law,
this section says that a creditor needs to prove beyond a reasonable doubt that the
reason for the transfer was to defraud that creditor and that the member, thereby, was
made insolvent. Moreover, the calculation includes the entire fair market value of the
member’s interest in the LLC. So, if the fair market value of the member’s assets were
greater than the amount of the creditor’s claim when the transfer was made, the courts
do not consider the transfer to have been made with fraudulent intent.
Conclusion

In summary, unless the client says, “Yes I put my assets in the Nevis LLC in order to
keep them away from you Mr. Creditor,” and gives some other legitimate reason for
moving the funds, the reasonable doubt statute should suffice to prevent a charging
order against the LLC. Even if a creditor receives a charging order against the LLC, the
statutes make it virtually impossible to obtain company assets.

The sooner one puts assets into a Nevis LLC the better. The reason is that there is a
two-year statute of limitations for a creditor to file claim against a member’s interest.
Even more painful for the one filing the lawsuit, the statutes require a creditor to post a
($100,000, for example) cash bond up front with the courts before filing. So, the
legislature has riddled Nevis LLC statutes with multiple barriers to prevent creditors from
getting to a member’s assets.

Last Updated on May 5, 2021S Form 8832. Whereas, by default, US single-member


LLCs receive sole-proprietor, or “disregarded entity” tax treatment and multi-member
LLCs are taxed as partnerships, offshore LLCs need to file the 8832. As such, a Nevis
LLC is considered tax-neutral and should have no effect on taxation to the US
person. Nonetheless, so we don’t appear to be giving tax advice, we recommend
consulting with a CPA who is experienced with offshore structures.

Another nice feature of the Nevis LLC is that members or managers do not have to live
in Nevis. For example, the manager of a Nevis LLC may be a member and may also be
a debtor with a judgment against himself or herself. That person may live in the Unites
States or any other county on the globe. If someone has a judgment, that person can
have a significant amount of control over the Nevis LLC, which can hold assets in any
country. The Nevis LLC can hold assets in the US, Nevis or anywhere else. The Nevis
LLC may have a bank account in California, Nevis, Switzerland or elsewhere.
Nevis LLC Manager

Whereas it is possible, it is not optimal from an asset protection standpoint if a judgment


debtor is also the manager of his own Nevis LLC. It is better to appoint a manager who
lives outside of the US. Since US courts do not have jurisdiction over offshore LLC
managers, a US judge cannot successfully enforce an order for the foreign person to
send the funds back to the US. So, a properly drafted operating agreement will not
allow a judgment debtor to remove a foreign manager, otherwise a US judge could order
him to do so. Our Nevis affiliate organization is licensed and bonded by an insurance
company to act in the best interest of clients. So, if there is a 100% chance of the
creditor seizing the assets if they remain in the US, two choices come to mind.

Option one is to do nothing and let someone seize your hard-earned assets. Option two
is to temporarily have our trust company/law firm take the reins. Our trust company has
gone through the intensive backgrounds checks necessary to obtain a Nevis license.
Plus, an insurance company backs its actions. In which scenario are the odds more in
your favor? For those who do not have trusted friends or family members residing
abroad, there are very reputable, longstanding trustee companies that have never taken
a client’s money that can step in as initial co-managers or successor managers who can
protect you when the “bad thing” happens.

Trust + LLC = Optimal Asset Protection

The ultimate asset protection arrangement involves an asset protection trust in Nevis or
the more popular jurisdiction of the Cook Islands. In this arrangement, the offshore trusts
hold all of the membership interest in the Nevis LLC. The client (and/or his or her
spouse) is the beneficiary of the trust and is the manager of the Nevis LLC. The Nevis
LLC, in turn, holds one or more bank accounts. The client is the signature on the bank
account. When the bad thing happens, the trustee of the trust can step in as manager of
the LLC, putting the client in a position of impossibility if a local judge order him to
repatriate the funds. There is no “fraudulent transfer” of assets when the position of
manager changes because there are no assets being transferred. Only a position in the
company changes.

When choosing a trustee, it is important to make sure that it is someone you can trust. If
the trustee has a license in Nevis or the Cook Islands you can rest assured that the
government has run significant background checks on its officers, directors and owners.
In addition, local regulators frequently audit and scrutinize the trust companies. Because
a sizable amount of the revenue in these jurisdictions comes from the offshore services
industry, these countries work very hard to uphold the reputation of their respective
jurisdictions. Incidentally, you will discover that the offshore management companies run
a much more thorough background check on you than you will on them. They want to
make sure they are doing business with reputable individuals operating with legal
sources of funds. Maintaining their licenses depend on it.

Protection in a Legal Emergency

What you will find is that when you have a legal emergency and you want a Nevis LLC
provider to come to the rescue, they do not manage your assets for you directly. Just like
a managed investment account in the US, they assign an investment professional at a
money management firm to invest your money for you, with your guidance. So, if you
need to have a trustee step in as manager of your Nevis LLC, they employ a bank’s
investment manager in Switzerland, for example to handle your investments. The
investment firm will typically contact you, propose a portfolio, and then seek your input.

So, like US managed accounts, you let the manager know your risk tolerances and the
institution will come up with a proposal for you to approve within the Nevis LLC. So, you
can have them choose the appropriate mix of stock, bonds, precious metals and/or
interest-bearing investments to meet your comfort level. In the case of Switzerland, a
banker from that jurisdiction will often eventually fly in to meet with you personally when
he is in the area visiting other clients. You will have online access to your account so
you can check your investments. You may also receive paper statements and
investment confirmations from your Nevis LLC account if you request them.

Advantages of a Nevis LLC

There are multiple Nevis LLC advantages, including the following:

• Exempt from Nevis taxes

• Inexpensive initial formation and annual maintenance

• Can be established within 24 hours

• Can operate a business in the US or other jurisdiction.

• Does not require paid-up capital

• The company is protected from seizure by a judgment creditor

• The assets inside of the company are protected from a judgment against a
member.

• Single-member LLCs are legal

• Single-member LLCs receive the same asset protection as multi-member LLCs

• Members (owners) and managers (those who run the company) are not filed in
the public records

• A manager of the LLC can control 100% of the company

• A manager is not required to be an owner yet can control 100% of the company
and its assets.

• A person or legal entity from any country can be a manager or member.

• There are not any foreign exchange controls

• Can merge with an LLC from another jurisdiction

• A US corporation or LLC may convert to becoming a Nevis LLC


Legislation

The Nevis LLC is created under the Nevis Limited Liability Company Ordinance 1995
and as amended in 2015. The statutes were originally based on the company statutes in
the very favourable US State of Delaware.

The Nevis Limited Liability Company (Amendment) Ordinance, 2015 (the “Ordinance”)
was enacted on July 1, 2015. There were two major asset protection revisions. First,
there was a restatement of the section dealing with charging orders. Second, there was
a new section added regarding fraudulent transfers.

The main change to the charging order section is that the charging order is the sole
remedy that is available to any judgment creditor (including a bankruptcy trustee). That
is whether the Nevis LLC has only one or has multiple members, Nevis courts will not
allow seizure of the LLC, or the assets held therein. Moreover, the law does not allow
the charging order to include amounts that arise from fines, penalties or punitive
damages.

The statutes do not consider the charging order against a Nevis LLC as a lien on that
member’s interest in the company. The one who has the charging order may not jump in
and become a member, so the original owner retains his ownership. They cannot
exercise the rights of any member. The holder of the order cannot interfere with any
management decisions. Furthermore, they cannot liquidate or seize any assets of the
company. They cannot restrict the company’s activities. Moreover, they cannot dissolve
the entity.
Charging Order Expiration 3 Years

Unlike a US judgment that typically lasts for 10 years with a 10-year renewal (for a total
of 20 years), a Nevis LLC charging order is not renewable and has to expire after three
(3) years after it is filed. Moreover, the company can continue to seek additional
investments from its members and can hold onto the distributions that would usually go
to the the charged member.

In Section 43A, a new statement was added dealing with fraudulent transfers into the
company. This section addresses creditors who try to seize assets that a judgment
debtor has transferred into the company. Taking after Nevis and Cook Islands trust law,
this section says that a creditor needs to prove beyond a reasonable doubt that the
reason for the transfer was to defraud that particular creditor and that the member,
thereby, was made insolvent. Moreover, the calculation includes the entire fair market
value of the member’s interest in the LLC. So, if the fair market value of the member’s
assets were greater than the amount of the creditor’s claim when the transfer was made,
the courts do not consider the transfer to have been made with fraudulent intent.

Conclusion

In summary, unless the client says, “Yes I put my assets in the Nevis LLC in order to
keep them away from you Mr. Creditor,” and gives some other legitimate reason for
moving the funds, the reasonable doubt statute should suffice to prevent a charging
order against the LLC. Even if a creditor receives a charging order against the LLC, the
statutes make it virtually impossible to obtain company assets.
The sooner one puts assets into a Nevis LLC the better. The reason is that there is a
two-year statute of limitations for a creditor to file claim against a member’s interest.
Even more painful for the one filing the lawsuit, the statutes require a creditor to post a
($100,000, for example) cash bond up front with the courts before filing. So, the
legislature has riddled Nevis LLC statutes with multiple barriers to prevent creditors from
getting to a member’s assets.

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