Asset Protection Law

Asset Protection Laws consist of legal strategies to protect personal and business assets from seizure as a result of adverse judgments, bankruptcy, separation/divorce, death, and other situations.

Types of assets

An accrued asset is one that arises from revenue made but not yet due. For example, an accrued dividend could be a share of the net earnings of a corporation that has been declared but has not yet been paid out to its shareholders.

fixed asset is one meant to be long term in nature, used in the operation of a business and not intended for sale.

frozen asset is one that cannot be easily converted into cash (like real estate when there is little to no demand), or an asset that cannot be accessed due to a legal restriction (such as being tied up in a spend-thrift trust).

An intangible asset is one in which an arbitrary dollar value amount is attached to the asset because it lacks a market value, but embodies financial value, such as the good will of a business, trademarks, or patents.

capital asset is property held by a taxpayer for private enjoyment or investment (e.g., a home, furniture, stocks and bonds, or an automobile). It does not include inventory, commercial accounts, receivables, depreciable property, commercial property, copyrights, or short-term government obligations. When a capital asset is sold, any gain received assumes preferential tax treatment.

current, liquid, or quick asset is an item that can be easily converted to cash, such as stocks and bonds.

In Bankruptcy, an asset is any type of property owned by a borrower who is insolvent that is not exempt from being used to repay debts.

Asset protection is the use of laws designed to shield each type of asset from legal forfeiture. For more information about asset protection, please refer to the resources found below. Additionally, you can get in touch with an attorney in your area by reviewing our Law Firms page and finding an attorney with experience in asset protection laws.


Asset Protection Law Articles

  • SEC Approves Proposed Amendments to Its Customer Protection Rule
    The Securities and Exchange Commission is proposing amendments to its customer protection rule, InvestmentNews reports.
  • SEC Approves Amendments to Bolster Money Market Industry
    The Securities and Exchange Commission has adopted amendments to certain rules governing the money market industry, according to InvestmentNews.
  • Report Finds Sharp Increase in Investment Fraud Cases in 2022
    A new study examines the rise in investment fraud cases and the methods being used to deceive victims, InvestmentNews reports.
  • OFAC Enforcement in 2023: Calculating Civil Penalties
    The Office of Foreign Assets Control (OFAC) has broad enforcement authority under federal law to protect national security. To hold financial institutions, businesses, and individuals accountable for economic sanctions programs violations (such as financial transactions with specially designated nationals(SDN) list and blocked persons list, or those on the sanctions lists) and other statutory and regulatory offenses, OFAC has the power to impose various penalties under its Economic Sanctions Enforcement Guidelines (the “Enforcement Guidelines”). 
  • Choosing a SEC Defense Lawyer: Three Considerations
    You are in shock. You just opened an overnight envelope and discovered that you've received a subpoena from the Securities and Exchange Commission (SEC) requesting documents and requiring you to appear before the SEC for sworn testimony. After the initial panic subsides (a bit), you hit the Internet to search for a SEC defense lawyer to represent you. But, how do you choose amongst the many SEC defense attorneys out there? How do you know who to entrust with such a serious process and so much at stake, including potential fines and reputational damage?
  • 8 Famous U.S. Money-Laundering Cases in 50 Years
    Money laundering is the movement of illicit cash or cash equivalents into, out of, or through U.S. businesses or financial institutions. An example is when unlawfully obtained money is routed through multiple banks and businesses to conceal the original source of those funds.
  • FINRA Notice Warns Firms of Fraudulent Transfers
    The Financial Industry Regulatory Authority issued an alert to member firms regarding fraudulent transfers of customer assets.
  • It Is Now Harder for Brokers to Expunge Records
    The Securities and Exchange Commission (SEC) has approved a proposal that would make it more difficult for brokers to expunge customer disputes from their records, reports Investment News.
  • FINRA Plans at Least 1,000 Reg B1 Exams by End of 2023
    An executive with the Financial Industry Regulatory Authority provided an update on the authority’s plans for this year’s Regulation Best Interest exams, reports Financial Advisor.
  • 2023 OFAC Regulations: FINRA-Regulated Companies
    Securities professionals and firms, including foreign subsidiaries owned or controlled by U.S. companies, that are regulated by the Financial Industry Regulatory Authority (FINRA) also have to comply with the rules and regulations made by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), created to accomplish foreign policy and national security goals. Failing to ensure compliance with OFAC’s legal requirements can open offending individuals and firms to substantial penalties and the negative publicity that comes with trading with a person or company that is under economic sanction for threatening American interests.
  • All Banking and Finance Law Articles

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