Holding Companies: Wyoming Privacy + Charging Orders, Done Right
Quick answers
- Holding Companies: which entity and state taxes apply?
- What a holding structure actually protects (distributions lien, not seizure) and the formalities that keep it intact.
What to know
- Lifetime single-member charging-order protection is statutory in Wyoming.
- Holdcos still need bank separation, resolutions, and filed reports.
- Operating subsidiaries in other states create their own nexus: the holdco doesn’t shield that.
What a charging order protects
If a member of an LLC is sued personally and loses, the creditor can generally get only a charging order, the right to receive distributions the LLC chooses to make, rather than seizing the LLC's assets or taking over management. Wyoming's statute makes this the exclusive remedy and applies it to single-member LLCs, which is why asset-protection planners favor it for holding companies.
What it doesn't protect
The holding company doesn't shield its own assets from claims against the holding company itself, and it doesn't shield operating subsidiaries from their own creditors. Courts also disregard entities that aren't respected: commingled bank accounts, missing records, and paying personal expenses from the LLC invite veil-piercing arguments.
Formalities worth the effort
Keep a separate bank account for each entity, document transfers between them as loans or capital contributions, file every annual report, and hold written consents for significant decisions. Operating subsidiaries still register and pay tax in the states where they operate.
Other playbooks
Sources
- Statutory guides on this site; FTB / SOS / Division schedules