A S S E T P R O F I L E . C O M

SHELF COMPANIES FOR ARIZONA  .  BUILD CORPORATE CREDIT  .  LIMITED LIABILITY

(307) 237.2580

ARIZONA AGED SHELF COMPANIES.

Looking for an aged company to do business in Arizona?  Ask for the list here

HOME ARIZONA SHELF CORPORATIONS AND ARIZONA SHELF LLC'S  

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Are you looking for an Arizona Shelf Company? 

Business is about quickness

  • Be first to develop your product or service.  This requires capital or financing.  An aged shelf company filed in Arizona can boost your plan to access loans and non-traditional financing.

  • Be first to locate.  Obtaining a lease is easier with an aged AZ company than an AZ company that is less than a year old.

  • Be first to market.  People prefer to do business with businesses that are older and appear well established.  Everything else being the same, a three or four year old aged company has an easier time doing business than a brand new company.

There are a few realities about Arizona that we must cover to leverage the use of an Arizona aged shelf company.

What does this mean to you?  If you acquire an aged shelf company from AZ, the members were known before you acquired the AZ aged LLC.  After you take over the company, the AZ Corporation Commission will reflect the change of ownership and the previous filings involving the company.  All of that is public information in AZ. 

A change of ownership is not the best idea when you're building business credit.  Since the company is considered under new owners, the bank may or may not respect the age of the company.

The solution: By acquiring an aged shelf LLC out of New Mexico or Wyoming, the change of ownership if not signaled to the public.  NM and WY doesn't collect information on the names of the members of their LLC's.  By acquiring an aged shelf company from NM or WY, and then filing the company into AZ, you are considered the first and original owner without signaling a change of ownership. 

Businesses look bigger when they come in from another state.  They expand into AZ.  Use that to your advantage.

Please request the list  here

We offer aged New Mexico companies that can be filed in Arizona.  As you know, New Mexico is a neighboring state.  NM LLC's are great for building business credit in AZ.  The company expands into AZ.  We offer...

  • Three year old NM LLC's for $1200. 

  • Four year old NM LLC's for $1400.

The aged shelf NM LLC includes the filed articles of organization, certificate of good standing, operating agreement to maximize asset protection, resolutions and registered agent services.


 

ASSET PROTECTION ISSUES INVOLVING ARIZONA LLC'S

  • ARIZONA LLC'S OFFER WEAK ASSET PROTECTION AND LEAVE THE MEMBERS(OWNERS) TARGETED

At first glance, AZ LLC's don't require an annual report.  This looks inexpensive at first glance since there's no annual fee with an Arizona LLC. 

Issues with the AZ LLC:

When the AZ LLC is filed as a member-managed company, the members are disclosed.  This public disclosure is easily read through the Arizona Corporation Commission.  Said disclosure reveals the name of the company, the members, the addresses of the members and the percentage of membership (ownership).  This means that the public knows what you own in the LLC, and that makes you a target for hostile creditors, litigation and collectors.  Anyone considering suing you will take that  low hanging fruit into consideration.  You're painting a bulls-eye on your back in attracting litigation.  In short, public access to your asset holdings leads to attraction of litigation.  Hostile creditors and litigators love easily identifiable and reachable access to assets.

Before someone sues you, they do the following:

  • Meet with their lawyer to decide whether you have a case.

  • Assess your ability to pay a claim if they win.  They do this through an asset search.  This asset search, in many instances, is key in the decision making process.  Homeless people don't get sued.  People with money get sued.  If your name is publicly listed as a member of an AZ LLC and that AZ LLC has assets, then you are enticing people to sue you. 

   Therefore, the AZ LLC is not the best choice when it is filed as a member-managed limited liability company.  But not all is lost.  You probably live in Arizona or maybe you just do business there.  Let's talk about how to improve your situation with a few basic steps.

     You can modify the Arizona LLC to maximize your protection.  What should you consider?

  • File the LLC as a manager-managed limited liability company.  If the company is member-managed, we can file a restatement of the articles of organization to make it manager-managed.  The disclosures in the previous years don't go away.  That information remains public.  But you have the option of making the company manager-managed to protect the interest of the members.

    An AZ LLC, that is manager-managed, doesn't need to disclose the identity of the members on the public record. 

    Manager managed LLC's display the Manager's name and address instead of the members' names and addresses.  You can obtain someone else to serve as a Manager.  We offer management services for $250 per year.

     

  • Write the operating agreement to aggressively look after the rights of the members.  Talk to us about this. 

 

  • Because of certain weaknesses inherent in the AZ LLC, you're better off filing a Wyoming LLC into AZ as a foreign LLC.  AZ will defer to an outside state, for issues on the charging order protection and corporate veil, when the LLC is filed in that other state.  For example, Wyoming charging orders are decided in Wyoming the LLC is filed in WY.  In other words, the rights of the members are decided in Wyoming when the Wyoming LLC is filed to do business in Arizona.

    • Ask your AZ attorney about 29-801

      A. Subject to the constitution of this state:

      1. The laws of the state or another jurisdiction under which a foreign limited liability company is organized govern its organization and internal affairs and the liability of its members, except as provided in subsection B.

      2. A foreign limited liability company shall not be denied registration by reason of any difference between the laws of another jurisdiction under which a foreign limited liability company is organized and the laws of this state.

      B. A foreign limited liability company that has obtained a certificate of registration pursuant to this chapter and its members and managers have no greater rights and privileges than a domestic limited liability company and its members and managers with respect to transactions and relationships with persons who are not members. The certificate of registration does not authorize the foreign limited liability company to exercise any powers or engage in any business that a domestic limited liability company is forbidden to exercise or engage in by the laws of this state.

By bringing in a Wyoming LLC into Arizona, you take advantage of Wyoming's LLC charging order protection.

LET'S COMPARE THE CHARGING ORDER IN ARIZONA VS. WYOMING

ARIZONA WYOMING

29-732Interest in limited liability company; transferability of interest; rights of assignees

A. An interest in a limited liability company is personal property and, except as provided in an operating agreement or article 11 of this chapter, may be assigned in whole or in part. The assignment of an interest in a limited liability company does not dissolve the limited liability company or entitle the assignee to participate in the management of the business and affairs of the limited liability company or to become or to exercise the rights of a member, unless the assignee is admitted as a member as provided in section 29-731. An assignee that has not become a member is only entitled to receive, to the extent assigned, the share of distributions, including distributions representing the return of contributions, and the allocation of profits and losses, to which the assignor would otherwise be entitled with respect to the assigned interest.

Arizona Revised Statutes Title 29. Partnership § 29-655. Rights of judgment creditors of a member

A. On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the member's interest in the limited liability company with payment of the unsatisfied amount of the judgment plus interest.  To the extent so charged, the judgment creditor has only the rights of an assignee of the member's interest.

B. This chapter  1 does not deprive any member of the benefit of any exemption laws applicable to his interest in the limited liability company.

C. This section provides the exclusive remedy by which a judgment creditor of a member may satisfy a judgment out of the judgment debtor's interest in the limited liability company.

 

 

 

 

17-29-503. Charging order.

(a) On application by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment debtor.

(b) Reserved.

(c) Reserved.

(d) The member or transferee whose transferable interest is subject to a charging order under subsection (a) of this section may extinguish the charging order by satisfying the judgment and filing a certified copy of the satisfaction with the court that issued the charging order.

(e) A limited liability company or one (1) or more members whose transferable interests are not subject to the charging order may pay to the judgment creditor the full amount due under the judgment and thereby succeed to the rights of the judgment creditor, including the charging order.

(f) This article does not deprive any member or transferee of the benefit of any exemption laws applicable to the member's or transferee's transferable interest.

(g) This section provides the exclusive remedy by which a person seeking to enforce a judgment against a judgment debtor, including any judgment debtor who may be the sole member, dissociated member or transferee, may, in the capacity of the judgment creditor, satisfy the judgment from the judgment debtor's transferable interest or from the assets of the limited liability company. Other remedies, including foreclosure on the judgment debtor's limited liability interest and a court order for directions, accounts and inquiries that the judgment debtor might have made are not available to the judgment creditor attempting to satisfy a judgment out of the judgment debtor's interest in the limited liability company and may not be ordered by the court.

 

Do you intend to do business in Arizona?  Due to Wyoming's strong charging order protection, you're better off with a Wyoming LLC filed into Arizona.

2.  If you're seeking to build business credit with an Arizona LLC, that may work well.  The members or managers are known, and the heightened transparency makes the bank more comfortable in lending money.   Increased transparency in ownership makes access to credit easier.  This increased transparency also attracts people who seek to sue you.

Increased transparency also makes it easier to lose your interest in the LLC to a hostile creditor when the members are known to the public.  A hostile creditor can simply do an asset search on the LLC, determine your LLC interest and file litigation.

 

ACQUIRING AN AGED ARIZONA LLC

What if I acquire an existing Arizona LLC and the members change?  Will the established credit remain?  Banks understand that a company is run differently when the owners change.  For that reason alone, banks will consider an aged company anew once the members change.  The respected age, as for as credit is concerned, is reset to zero.  For this reason, the company should be manager-managed so the members are not disclosed on the public record.  Since the change of members is not indicated after the company changes hands, the respected age of the company is the incorporation date.

In the instance the incorporation date is not regarded as the actual start of operations, as far as the bank is concerned, there remains a clear advantage in acquiring an aged Arizona LLC.  People prefer to do business with a company that's been around for years instead of weeks.  Your able to close deals faster with an aged company.  The increase in revenue leads to financing by showing deposits in the account(s).

If you're going to acquire an aged Arizona LLC, then you should buy one that is manager-managed.  Stay away from an aged AZ LLC that is member-managed.  Most incorporators don't know the difference of why that's important to you.  They don't care.  We do.

THE BEST ARIZONA LLC SOLUTION FOR ASSET PROTECTION:

  • Acquire a Wyoming LLC and file it into Arizona as a foreign LLC. 

  • Make certain that the WY LLC is manager managed. 

  • Assign someone else to serve as the Manager of the LLC, filed into Arizona, to keep you off the public record. 

  • You're the signer on the EIN application, the bank account and the tax return. 

THE FORK IN THE ROAD:  ASSET PROTECTION WITH PRIVACY OR BUILD BUSINESS CREDIT?

Building corporate credit with an Arizona LLC?  If you set up or acquire the Arizona company to build business credit, there's no privacy.  Banks want to know that the owners are listed on the public record before they lend any money.  After all, if you were lending a money to a company, you want to know who is behind the company. 

Maximizing asset protection and privacy with a Wyoming LLC filed in Arizona, and seeking privacy?  There is no business credit available.  If you set up the Arizona company for asset protection, then the members shouldn't be disclosed.  Disclose the manager's name as a manager-managed LLC.  We can provide a manager to keep you off the public record.  But again, you won't have access to business credit.

OTHER THAN THE PRIVACY ISSUE, WHAT OTHER REASONS EXIST TO HAVE A MANAGER-MANAGED LLC WHEN DOING BUSINESS IN ARIZONA?

If the operating agreement was written correctly, then the manager can restrict distributions to the members.  This is possible when the operating agreement states that there is no annual mandatory distribution, and the manager has the option to restrict distributions.  When the creditor comes knocking with a charging order, then the manager can choose to restrict distributions to the member(s).  If the operating agreement was prepared incorrectly, by mandating annual distributions to the members, the creditor can simply wait for the distribution to take place.  Alternatively, the creditor can also mandate the manager of the LLC to make the distribution.  The manager's job is to look after the interests of the members and the LLC.

This is where the foreign LLC out of Wyoming is a good idea.  If the LLC was filed in Wyoming and the manager is not an Arizona resident, then the creditor must address the charging order in Wyoming.  We prepare our operating agreements without the requirement of an annual distribution.  Therefore, the creditor is left waiting for a distribution that he cannot force upon the manager or the LLC.  And the creditor cannot forecloses on the member's interest in the LLC.  The creditor must obtain a charging order in Wyoming and wait; and wait some more.  Our operating agreement also selects Wyoming as its jurisdiction to settle disputes and other matters.  To maximize matters, also use a Wyoming mail forwarding address.

WHAT IF I WANT AN AGED ARIZONA CORPORATION AND NOT AN ARIZONA LLC?

Acquire an aged Montana shelf company and then file it in Arizona.  Montana doesn't require reporting of the company's owners.  An Arizona resident may acquire a Montana shelf company, file the shelf company in Arizona as a foreign corporation, and start to do business--all without filing a change of ownership in Arizona.  Yes, Arizona will require disclosure of the owners.  But the change of ownership from the incorporator to the customer is not reported.  Since the customer acquired the Montana company before it was filed in Arizona, the Arizona disclosure of the principals is considered the first such filing in Arizona.  The change of ownership already took place before the company files in Arizona.  The customer is then considered the first owner.  For the above reasons, any Arizona resident looking to build business credit is much better off using an aged Montana shelf company filed to do business in Arizona as a foreign corporation.

I CURRENTLY DO BUSINESS UNDER AN ARIZONA LLC.  WHAT IS A SIMPLE SOLUTION TO PROTECT MY INTERESTS AND INCREASE MY ASSET PROTECTION WITHOUT DISRUPTING MY BUSINESS?

  • Look at your articles of organization.  If the company is member-managed, consider filing a restatement of the articles of organization making the company manager-managed.

  • Rewrite the operating agreement.  For example, consider making the distributions at the discretion of the manager.

  • Arrange for a Contract Manager that will remove you from the public record.  This is a great idea if you don't need financing.  If you do need more financing, this could interfere with financing options.  We provide a Contract Manager service for $250 per year to keep you off the public record.

    • Although a Contract Manager serves on the public record, you have full control over the company and its assets.  You sign on the company's EIN application, the company bank account and the company tax return.  The Contract Manager protects your information from the public record.

    • You wouldn't paper clip your SSN to the outside of your lapel.  Why broadcast your asset holdings to the world?

  • In advance, sign a written promissory note that you or your current business owes money to a Wyoming LLC filed in AZ.   You're simply promising that you are making a capital contribution, $100,000 as an example, to the Wyoming LLC filed in AZ.  That promise to pay is made in exchange for an interest in the LLC itself.  It is a non-taxable exchange.  Once that is made in writing, it is enforceable against the member of the LLC who made the written commitment for the capital contribution.  Let's say you're being harassed or hunted by a hostile creditor, then just pay that debt when it is advantageous to do so (to the WY LLC filed in AZ).  Your simply paying the debt that benefits you most.  Since the WY LLC filed in AZ has the same rights as a creditor, pay that off right away.  Now the creditor must face the charging order protection in WY instead of AZ.  Ask your attorney about Arizona Revised Statutes Title 29. Partnership§ 29-702. Liability for contributions.  The member is obligated to the LLC to perform any enforceable promise to make a capital contribution, even if he is unable to perform because of death, disability or any other reason.  This is how you can turn a negative into a positive.  The WY LLC can serve as a creditor to your AZ LLC, or a creditor to you, even if you also own an interest in the WY LLC.  In this way, you can convert exposed assets to protected assets.

 

OUR SERVICES

One Wyoming LLC:  $400 one time fee.  Registered agent service is renewed at $75 per year.

Includes filed articles of organization, a manager-managed LLC, registered agent service, aggressive operating agreement, resolutions

Contract Manager:  $250 per year

12 months of service.  Will sign documents for company if a personal guarantee is not required.

Use a Wyoming address as the principal address of the company to reinforce the HQ of the company is in Wyoming.

Please call 307.237.2580 or 484.256.4563.  Thank you.

 


ARIZONA COPIES OF FILED DOCUMENTS

To request plain or certified copies of documents, submit the following form along with fee payment. Calculate the total amount owed based on the fees below.


 
Archival Records Search - Stock search (not for copies of documents) fee:
$5.00
 
Certified copy – corporations (per document) fee:
$5.00 + 50 cents per page
 
Certified copy – LLCs (per document) fee:
$15.00 + 50 cents per page
 
Certificate (any type that is not for copies) fee:
$10.00
 
Uncertified or plain copy – corporations (per document) fee:
50 cents per page
 
Uncertified or plain copy – LLCs (per document) fee:
$5.00 + 50 cents per page
 
Optional Expedite fee
$35.00

Records Request Form

 

HOW DO YOU SERVE AN ARIZONA LLC OR ARIZONA CORPORATION?

To serve a corporation or limited liability through the Arizona Corporation Commission, you must deliver to the Corporations Division Records Section, 1300 W. Washington St., Phoenix, AZ 85007, by mail or in person, the following:

  • 2 copies of the document or documents being served;

  • A check for 25.00 (MOD account holders may charge to the account); and

  • A written statement, affidavit, or declaration, certifying under the penalty of perjury that, upon the signer's information, knowledge, and belief, the entity has either failed to appoint a statutory agent or failed to maintain a statutory agent at the statutory agent address shown on the records of the A.C.C. A form is available below, or you can use your own form. Read the Notice to Process Servers for more information.

Cover Sheet
Statement for Service of Process

 

ARIZONA BUSINESS BILL OF RIGHTS

  1. To ensure fair and open regulation by state agencies, a person:
    1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against an agency in a court proceeding regarding an agency decision as provided in section 12 348.
    2. Is eligible for reimbursement of the person's costs and fees if the person prevails against any agency in an administrative hearing as provided in section 41 1007.
    3. Is entitled to have an agency not charge the person a fee unless the fee for the specific activity is expressly authorized as provided in section 41 1008.
    4. Is entitled to receive the information and notice regarding inspections and audits prescribed in section 41 1009.
    5. May review the full text or summary of all rule making rulemaking activity, the summary of substantive policy statements and the full text of executive orders in the register as provided in article 2 of this chapter.
    6. May participate in the rule making rulemaking process as provided in articles 3, 4, 4.1 and 5 of this chapter, including:
      1. Providing written comments or testimony on proposed rules to an agency as provided in section 41 1023 and having the agency adequately address those comments as provided in section 41 1052, subsection D, including comments or testimony concerning the information contained in the economic, small business and consumer impact statement.
      2. Filing an early review petition with the governor's regulatory review council as provided in article 5 of this chapter.
      3. Providing written comments or testimony on rules to the governor's regulatory review council during the mandatory sixty-day comment period as provided in article 5 of this chapter.
    7. Is entitled to have an agency not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized by statute, rule or state tribal gaming compact as provided in section 41 1030, subsection B.
    8. Is entitled to have an agency not make a rule under a specific grant of rule making rulemaking authority that exceeds the subject matter areas listed in the specific statute or not make a rule under a general grant of rule making rulemaking authority to supplement a more specific grant of rule making rulemaking authority as provided in section 41 1030, subsection C.
    9. May allege that an existing agency practice or substantive policy statement constitutes a rule and have that agency practice or substantive policy statement declared void because the practice or substantive policy statement constitutes a rule as provided in section 41 1033.
    10. May file a complaint with the administrative rules oversight committee concerning:
      1. A rule's, practice's or substantive policy statement's lack of conformity with statute or legislative intent as provided in section 41 1047.
      2. An existing statute, rule, practice alleged to constitute a rule or substantive policy statement that is alleged to be duplicative or onerous as provided in section 41 1048.
    11. May have the person's administrative hearing on contested cases and appealable agency actions heard by an independent administrative law judge as provided in articles 6 and 10 of this chapter.
    12. May have administrative hearings governed by uniform administrative appeal procedures as provided in articles 6 and 10 of this chapter and may appeal a final administrative decision by filing a notice of appeal pursuant to title 12, chapter 7, article 6.
    13. May have an agency approve or deny the person's license application within a predetermined period of time as provided in article 7.1 of this chapter.
    14. Is entitled to receive written notice from an agency on denial of a license application:
      1. That justifies the denial with references to the statutes or rules on which the denial is based as provided in section 41 1076.
      2. That explains the applicant's right to appeal the denial as provided in section 41 1076.
    15. Is entitled to receive information regarding the license application process before or at the time the person obtains an application for a license as provided in sections 41 1001.02 and 41 1079.
    16. May receive public notice and participate in the adoption or amendment of agreements to delegate agency functions, powers or duties to political subdivisions as provided in section 41 1026.01 and article 8 of this chapter.
    17. May inspect all rules and substantive policy statements of an agency, including a directory of documents, in the office of the agency director as provided in section 41 1091.
    18. May file a complaint with the office of the ombudsman citizens aide to investigate administrative acts of agencies as provided in chapter 8, article 5 of this title.
    19. Unless specifically authorized by statute, may expect state agencies to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the extent practicable as prescribed in section 41 1002.
    20. May have the person's administrative hearing on contested cases pursuant to title 23, chapter 2 or 4 heard by an independent administrative law judge as prescribed by title 23, chapter 2 or 4.
  2. The enumeration of the rights listed in subsection A of this section does not grant any additional rights that are not prescribed in the sections referenced in subsection A of this section.
  3. Each state agency that conducts audits, inspections or other regulatory enforcement actions pursuant to section 41-1009 shall create and clearly post on the agency's website a small business bill of rights. The agency shall create the small business bill of rights by selecting the applicable rights prescribed in this section and section 41-1009 and any other agency-specific statutes and rules. At the request of an authorized on-site representative of the regulated small business, the agency shall provide a written document of the small business bill of rights. In addition to the rights listed in this section and section 41 1009, the agency notice of the small business bill of rights shall include the process by which a small business may file a complaint with the agency employees who are designated to assist members of the public or regulated community pursuant to section 41-1006. The notice must provide the contact information of the agency's designated employees. The agency notice must also state that if the regulated person has already made a reasonable effort with the agency to resolve the problem and still has not been successful, the regulated person may contact the office of ombudsman-citizens aide.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OUR SERVICES

Three year old NM LLC's for $1200. 

Four year old NM LLC's for $1400.

One Wyoming LLC:  $400 one time fee. 

Registered agent service is renewed at $75 per year.

File the Wyoming LLC into Arizona:  $150

Contract Manager:  $250 per year

12 months of service.  Will sign documents for company if a personal guarantee is not required.

 

Mail forwarding:  $35 per month through an independent provider.

 

Please call 307.237.2580, or 484.256.4563. 

 

Assetprofile@gmail.com

 

Thank you.


FILING YOUR SHELF CORPORATION OR SHELF LLC IN ANOTHER STATE?

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    > Complete breakdown here.  California Shelf Companies

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ASSETPROFILE.COM

SHELF COMPANIES  .  BUILD CORPORATE CREDIT

 

109 EAST 17TH STREET, SUITE 25, CHEYENNE WY 82001

Office 307.237.2580, Fax 702.920.8824,  EMAIL

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