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280: [Jonathan Feniak] Shield Your Assets: Choosing Between LLC & Sole Proprietorship
Episode 28017th December 2024 • ABOUT THAT WALLET • Anthony Weaver
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Are you looking to protect your assets and build a secure financial future for your family? On this episode of About That Wallet, we’re joined by LLC Attorney John Feniak, an expert in LLC formation, estate planning, and business entities. We’ll dive into how creating an LLC can shield you from real estate risk, financial crises, and unexpected liabilities. John explains why an Operating Agreement is like a pre-nup for your business and how it ensures business compliance and financial success. If you’re part of the Sandwich Generation, balancing family care and entrepreneurship, this episode is packed with actionable legal advice to help you with risk management, wealth management, and business growth. Whether you’re starting a small business, managing a hedge fund, or simply navigating the complexities of corporate transparency, this conversation will help you secure your legacy. Don’t miss out—tune in to learn how to take control of your financial future!

Discover more about Jonathan and his work:

Visit the Company Sage website: https://llcattorney.com

LLCAttorney.com created a discount code for listeners: WALLETPOD100. It offers 100% off your formation fee for the initial filing. To redeem it, simply enter the code under "Partnership Code" on the final checkout page.

THANK YOU FOR LISTENING!

#AboutThatWallet #AssetProtection #LLC #Entrepreneurship #FinancialPlanning

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Enjoy 100% off your LLC formation fee with the code WALLETPOD100 at checkout on LLC Attorney. Start your business journey today!

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DISCLAIMER: The content in this audio is for educational purposes only. Conduct your own research and make the best choice for you. If you need advice, contact a qualified professional.

Episode 280

Transcripts

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>> Jonathan Feniak: That's the real fear, right? You've built a, uh,

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wealth over a lifetime

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and you have one

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bad thing that happens, right? The tragedies happen.

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You own a real estate, you own 20,

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30 real buildings and there's a fire,

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right? And people die. It happens.

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Do they get everything you've made up until that

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point? Are they able to take everything you have, um,

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up until that point, or you're well

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insured and you've isolated that risk into

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an llc that limits your

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downside if something happens, Obviously we

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don't want anything terrible to happen to people.

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>> Anthony Weaver: Welcome back everybody, back to another exciting show, the

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about that Wallet podcast, where we helped Samwich generation build

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strong financial habits so they can not only make

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money, but spend money and

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actually enjoy their money with

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confidence. And today I have an awesome opportunity to

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bring on somebody who has been dealing, dealing

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with, you know, helping people with

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LLCs, uh, estate planning, business entities,

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and so much more. And I really want to bring

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in this particular topic because I know

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a lot of you out there have kids and you want to get themalled

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into businesses. And I figured why not

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learn how to do it the right

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way the first time and get it done.

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So thank you so much, Jonath. Thank for coming through.

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>> Jonathan Feniak: Hey, thank you so much for having man. I really

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appreciate it. I'm a, I'm a sandwich generation.

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I got kids, uh, they're out of college

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now, but then aging parents and parents

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passing away and dealing with their estates. Also

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an entrepreneur. Uh,

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so I definitely appreciate what it is

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you're doing and I'm really excited to be here and

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help, uh, your listeners with starting their

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businesses and whatever it else it is we're going to talk about today.

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>> Anthony Weaver: Yeah, uh, one of the things that I've noticed

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listening to your journey is that you've been

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running around all of this. So you didn't start off to be an

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attorney. Like, what did you want to be when you wanted to grow up?

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>> Jonathan Feniak: Yeah, uh, yeah, that was the question. Right?

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Uh, so, yeah, it has been,

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uh, quite a journey. Undergraduate degree

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in English. Uh, I love to write, I

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love to read, I love to closely examine,

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uh, uh, uh, other people's work.

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Uh, got out of college and

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couldn't find a job with an English major, useless major

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perhaps, uh, and went into transportational

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logistics. And so I worked for

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dhl, UPS and Airborne

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Express, uh, and was an

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operations manager for Manhattan. So huge

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operations, lot of people,

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uh, uh, dealing with

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three different unions, uh, dealing with a lot

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of managers that were working for me even at A young

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age and um,

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my journey there was

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really about

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uh being uh

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generally unhappy with that line of work.

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It was very challenging because of the hours

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and um, I didn't see my path

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to great financial success or a great

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family life, work, life balance. Uh, I don't think I could achieve

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that there. So I made a change and started getting my

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mba was uh, doing it at

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night and then at the same time made a transition into

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uh, the sales side of those businesses being a national

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account manager. And uh, when I graduated with

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my mba uh I went to work for a hedge

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fund and was sourcing

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or finding companies for the hedge fund to invest

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in and they were micro cap, usually publicly

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traded but they were sometimes companies that were private

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looking to do uh, uh, uh some sort of public

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offering was very successful there, moved to

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raising capital for the hedge fund raised a lot of

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money for the hedge fund uh maybe got a little too big for my

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britches but went out and started my own hedge fund. Uh

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unfortunately my timing wasn't great. Uh I had

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some partners and uh, we hit the financial

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crisis and had uh, my life

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was uh, financial life, uh

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had some issues, uh pulled through

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uh and at that time I was living on the east coast made a move

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to Colorado and ended up being

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a financial advisor with Wells Fargo advisor So I

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was a uh securities license, uh, was

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insurance, I was selling insurance products, uh

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whole life policies and uh, annuities

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and those sorts of things. Uh and then I

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was unhappy again and maybe every 10 years I got

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to change careers. Uh I decided

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that uh, law school uh was

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right for me and being a lawyer. So I stopped

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working. I built some so I call it optionality in my

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life I had enough resources where I could stop working

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and still survive uh uh, things may have been a

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little tight but still survive. Uh and then graduated

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law school two and a half years was top 10%

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of my class. I treated it very, I was one of the oldest

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students, uh full time students uh but my

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teachers appreciated me and then I passed the bar.

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I was the last uh group uh to take the bar

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before the pandemic. The so I have not been a lawyer uh that

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long uh going on five years

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here. Uh but during that period of time I

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think what I bring for my clients is real

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world business knowledge. Having invested in them,

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having worked with folks who are high net worth individuals

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who how did you make your money? You was a real estate, you

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started company, you were the CEO youE just a hard worker,

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your right place, right time, inherited wealth. So on and so forth.

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And also seeing those difficulties that they had

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when theyre part of that sandwich generation. Our clients tend

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to look like uh, ourselves and theyve

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got kids theyre worried about. Do I put money into a 529

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plan? How do I manage, uh, the

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ability to get financial aid? How much do I devote to my

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own retirement? I may be inheriting money. What about

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my estate plan? All of these things. And so I took

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my real world experience, uh, in all of

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those different areas and was able to apply

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it in the law now. Uh,

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but uh,

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I'm a strange kind of

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lawyer. I guess

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we could talk about that another time. But

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um, my practice is focused

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exclusively on this. I'm not a

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generalist. I focus on asset protection. I focus

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on privacy, business formation and then

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estate planning. Uh, in addition to that, they all become part of

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this whole where. And

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really so much of that is really asset

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protection. You've got a business for asset protection. You've got an

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estate plan to save yourself from est state taxes or save

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yourself from additional costs. So all these things come

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together. Um, and I have

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the luxury of also uh, being

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one of the owners of a company that

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uh, company Sage, uh, company Sage is the

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owner of Wyoming LLC Attorney as well

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as LLC Attorney, uh, as well as a number of

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other brands. And we have uh,

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built those companies to help

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entrepreneurs get what they need, not get

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confused, really focus on the compliance

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aspect and their business success

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Platform is what we've really tried to build and I think we've done

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an amazing job. That's part of what I do. But

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the other part of what I do is I talk to people

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about how we can come up with real

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world solutions to their

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entrepreneurial uh, problems or their entrepreneurial

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goals.

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>> Anthony Weaver: Yeah. And because of you've been doing this for so

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long in this area of the

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law when it comes to asset protection.

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Just can you share why this area of law is so important

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to you?

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>> Jonathan Feniak: Because a single event could be

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ruinous. That's the real fear.

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>> Anthony Weaver: Right.

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>> Jonathan Feniak: You've built a, uh, wealth over a

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lifetime and you have

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one bad thing that happens.

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>> Anthony Weaver: Right.

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>> Jonathan Feniak: The tragedies happen. You own a real

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estate, you own uh, 20, 30, uh,

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buildings and there's a fire. Right. And

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people die. It happens.

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Do they get everything you've made up until that

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point? Are they able to take everything you have

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up until that point? Or you're well

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insured and you've isolated that risk into

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an LLC that limits your

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downside if something happens, obviously we

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dont want anything terrible to happen. To people. But

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there are the plaintiffs attorneys and there are people

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who will come after you for every penny youve

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made up until that point in your life. And so, uh,

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avoiding that downside risk, when a

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bad thing happens, I hope it never does. I want

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you to be able to, and I want my clients to be able to

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limit that risk into business

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reality sized buckets of

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assets that are at risk.

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>> Anthony Weaver: Has like a friend or family ever been impacted so much

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that kind of drive you for this? Or it just kind of like, you

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know, I just see this need and

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really want to go after it.

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>> Jonathan Feniak: Uh, so it's sort of a sampling

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bias. Right. When I talked to,

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uh, and when I was a financial advisor, I talked to people

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and they'd say they got lucky. You never

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had any lawsuits over this period of time? No, nothing happened, man.

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The people I don't get to talk to are the ones where they had the

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ruinous event. Right. And so it's been

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a bias there. Now I

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get to talk to people who oftentimes

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they come to me because something terrible has

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already happened. It's difficult in those

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situations. The horse has already left the barn.

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But sometimes they're like, look, I realize I can't do

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anything. I'm not going to advise anyone. You're not going to hide assets.

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It's too late. What you can do is now

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you're like, try to settle, try to get a settlement on this

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thing. Um, but let's

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help you plan for the future. So there are

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plenty of people I speak to now where there is an

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event that is ruinous because they had all their

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eggs in one basket. Uh, but

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they are, uh, I hope that people can

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listen to this, uh, and realize

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that it's pretty inexpensive

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and it's pretty easy, especially with our platform,

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to manage your LLCs and limit your

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downside to what it is you feel comfortable

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risking. The great

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thing about, uh, America

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is that the states want

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to spur entrepreneurship. They want

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you to take risks. They've

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given you a vehicle, an LLC or a

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corporation where you get to say how

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much you want at risk. I, uh, may be a

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millionaire. I'm only willing to risk

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$100,000 on this restaurant. You put

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$100,000 into the LLC.

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That's what, as long as you're doing everything right, that's what you

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have at risk. They want to spur entrepreneurship.

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If you don't have an llc, all your chips

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are on their table, every hand, right? Who wants to

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operate that? You can't sleep at night when your downside is

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Unlimited. Well, it's limited to everything you own.

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>> Anthony Weaver: Yeah, that's a sad thing about it. Um, and especially if we

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don't know what we re doing and sometimes we don't know how to

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get there to extra funding. But this episode isn't about

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how to get the funding. It's about protecting your asset.

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>> Jonathan Feniak: Exactly.

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>> Anthony Weaver: So have you noticed any trends

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or challenges, Challenges that

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um, that are in the asset protection

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area that a lot of people are

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coming across or like that you've come across, that

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is actually shaping your work?

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>> Jonathan Feniak: Yeah, uh, call it the

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scourge of social media. Um,

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you know, a lot of people, not attorneys, not

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really. I don't think they know what they're talking about. A lot of cases, some

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do, uh, but some don't. And recommend, uh,

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strategies that are really, number

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one, ultimately going to be ineffective.

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Number two, are too

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complicated for their current

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situation. And you know, people come up and

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I, I'm going to have a trust in

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the Cook Islands and then I'm going to have a Nevis

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llc and then I'm going to have a Wyoming Trust and then

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I'm I to have this. And they're like, well, what's your net worth? They're like,

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I got a dollar fifty cent in the bank. And well, what's your liability?

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Is like, well, you know, I've got a W2 job like,

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tap the brakes, man. Okay. Uh, and people,

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the analogy I use is people will say, be like, I want the

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absolute best in asset protection. And I say, okay, if I

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were advising you on how to get the ab. Absol. Best in home

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security, what I would say is we're going to build a

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50 foot wall around the house. We're going to have a moat with

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alligators, right? And we're going to have guys with

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snipers, uh, and dogs that'll rip your throat out.

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You're going to be absolutely protected. But it's going to be

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tough to get the kids to school on time. You're probably going to get

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sued because of those dogs. And your Amazon packages aren't

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getting delivered. Instead, how about a ring

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camera and a new lock? And they're like, oh, yeah,

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okay, I get it now.

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'if you are someone

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who needs, if you're Jeff Bezos, you need those

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things, right? You ain't Jeff Bezos, dude.

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Right. So tap the brakes. Let's keep it

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simple because actually is a case

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that's going up before the Supreme Court right now. And it was

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a company, it was actually a company that

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uh, was large. It was in the real estate,

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uh, business. And they had a, you

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know, their parent company and they had all these

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subsidiaries, but the parent

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company was providing

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services. Basically all the employees were lent

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to the other companies. They were sharing

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resources, they had accounting, they had separate bank accounts,

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but they were sharing resources, sharing expenses across all of them.

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And the court in that case said that there

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is no real distinction between these. There were

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two closely intertwined.

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For us to respect the

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separateness of these individual entities, we'll see what the

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Supreme Court says. But it sent shock

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waave, uh, because people think I'll set up

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an LLC, I'll tell 10 LLCs. Each of them

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does this. Is that the other thing? But they're not

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really getting the separateness because they're not separate businesses. And I had a

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call with someone today. They have three

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LLCs already. They made S Corp elections

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on all three of them. And one of them

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was doing exactly the same thing as another

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one, but they just wanted a different brand.

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I was like, this makes no sense. You're sharing the same employees across. Yeah,

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sharing the same employees. It should have been a trade name. It should have been a dba.

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>> Anthony Weaver: J. Dba, Right.

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>> Jonathan Feniak: Single company with multiple lines of business,

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the same type of risks associated with it. Uh, do a

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single company separate trade names.

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Multiple S corps. Dude, multiple S corps. You

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got to pay yourself a reasonable salary in each of them and you're

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undermining um, uh, your fic

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tax savings. And I'm hoping these sort of things I'm throwing out

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here, your listeners are familiar with these things

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and so don't have multiple S corps.

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Sometimes it's unavoidable where you get different partnerships and so

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on. But for people, do your S

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corp and then have it as a management company

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or have multiple then subsidiaries where it's

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all flowing up. But then we have one reasonable salary and

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we actually can deliver on the tax

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saving promise of an S corp. So

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don't make it too complicated to

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start. You can change, you can adapt, you

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can right size, uh, uh, your business as

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things change.

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>> Anthony Weaver: So say somebody that is

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45, they have a child that is about

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21 and their

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child is looking to start a business. They themselves want to continue

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to work their nine to five because they was like they don't want to deal with the

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mess. What would you, from your

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expertise and your experiences, what would you tell them to do? To

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start with, say it's a, um,

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let's say it's a lemonade company. You

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just want to elimina.

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>> Jonathan Feniak: Right. So put uh, together

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a Business plan. Right. So and

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that's one of the sort of extremes here. Uh,

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maybe not as extreme as people who want to do a

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uh, something related to NFTS or crypto, but

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it's out there. Food service number one huge

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failure rate in food service licensing. You got to get

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your commerce, the commercial kitchen. You have to get those

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space available. You have to get permitting. You're going to have to. I've

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had clients. Well where are they going to sell the lemonade? They're going

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to sell it in Whole Foods. Great. Whole Foods demands that you have

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your million dollar plus liability policy.

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Even getting a barcode. Do you know how complicated

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it is to get a barcode for a product that you're going to put in

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the shelves there? Do you know how difficult it is to get shelf

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space? So having. If

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my child wanted to start a business.

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Right. Mhm. Let's do a business

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plan and figure out what

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barriers there are to entry for

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it, what it's going to cost you to get there

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and then let's just do a unit analysis in order

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to overcome your initial

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costs, the timing on this, all of that.

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How many units do you need to sell now? Tell

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me how you're going to sell that many units

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without discouraging them. Make them do the

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homework, make them get into the

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details. Create the business plan and whether

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it's a small business administration or local

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organizations that offer services

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on starting your business again, cities and states and the

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like want to spur entrepreneurship. Make them

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do that work. And then I would love to invest in your business.

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I want nothing more than for you to be

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successful. But in order to get there,

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I'm going to treat you like I would if I investing in any other

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business. Make your pitch to me. Here's what it's going to need to be

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successful to make a successful pitch to dad.

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Right?

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>> Anthony Weaver: I like that. I like that.

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So what was the pivotal moment in your success?

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>> Jonathan Feniak: Um, you know it's funny, I

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was. My sister was down for

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Thanksgiving, uh, uh, and she brought a

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box of stuff here. I'm not keeping this stuff anymore. My mom had passed away, she

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had a whole bunch of stuff and I found uh,

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I had started my first company when

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I was 14 years old. Uh, it was called

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Happy Dog Industrieseff.

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And I made skateboards. I was a skateboarder and so I

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would buy skateboard, they were called blanks. And then I

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would go to friend work, to the skate shop. I'd go in and Id'trace

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the shape of the hottest boards that were out. And I would cut

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them out and sand them and, uh, put some

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polyurethane on them and sell them for half the price of what

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the boards were selling for at the shop. I loved

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it. I loved it. Right. I didn't have an

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llc. My liability was low, whatever else, but it

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was. I'm going to invest, and I bought

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20 or 30 of the blank boards,

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but then I got all that money back, and then I bought more, and then I

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bought a better saw, and then I bought this, and then I bought that,

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and, uh, I think, um, I still. I've been chasing

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that high for when I was 14 years old,

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you see. All right, there's some risk here.

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I got to put money out the door. But when the money starts coming

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in, that feels so good. And I have to

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say, my friends loved it. Right?

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It was fantastic. For that, they're getting the boards, half

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price. You know, I made up this

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hat. Should, um, pull out the hat, uh, and

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had stickers. And, uh, I made

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a, uh. Uh, actually, I'm

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thinking about this. I hired a friend of mine

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to do a logo for the company. He was an artist,

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and I had no agreement with him. I'm not sure I have the

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right. The title, the intellectual property

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might not. It's probably not mine. Right? There's the laws

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about that. Uh, I did not know what I was doing, but

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that was so fun.

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And really what I get to do now is

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eavesdrop on other entrepreneurs.

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I get to hear so many cool things that people are doing,

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and I'mr an

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empath, and I love to hear their stories

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and hear their success and then help them

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really focus on that business again. That

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overcompication, if it's taking you

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away from delivering product to a

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customer, bringing in revenue, really think

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about, do I need this at this point in time? And the Cook Islands

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Trust and Nevis and all these other things, and multiple

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entities. And so tap the brakes.

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How are you going to be successful? And how can I help you be

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successful?

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>> Anthony Weaver: I like that I might be. The title of this show just called Tap the

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Breaks. How can you be successful?

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Love it.

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Uh, so you work with many entrepreneurs and families,

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setting up their LLCs, and so forth. Um,

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but one concept that I've heard you

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mentioned is that a business operation agreement is like a

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prenup. Can you explain a little bit more

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about what you mean by that?

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>> Jonathan Feniak: Yeah. The operating agreement for an llc,

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uh, is the document that

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will, uh, direct the management and operations

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of the company. And,

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uh, you want to go in.

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You hope for the best, but plan for the worst. At the

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beginning of a marriage and at the beginning

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of a business, everyone is in

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Everyone'it's. Fantastic. Everyone's excited. Everyone's going

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to participate. We're going to, we're going to share the expenses

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in this way. We're going to divide up the profits in that way.

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We're not thinking about the breakup. And

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uh, an operating agreement lays

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out the rules of the

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game. What happens if someone wants

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out? Do I have to buy them out? Can they just

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leave what they do? They suppose they don't participate

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anymore. What, what is the authority

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of an individual? I a terrible, uh, story. There are two guys. One of

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them is very well healed, right? One guy' wealthy. The guys not

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so wealthy. They decided to invest in some real estate together.

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Do their first deal. Everything's fine. The

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wealthy guy goes and signs a

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contract for the LLC to

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purchase property. Right. Puts money

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down on it. Right. Put some earnest money down

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and then goes to his partners like, great news. I

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found this great property. You need to put in

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$50,000 into the LLC within a week.

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I don't have it. Right. So that would be something that

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would be covered in the operating agreement.

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What is the authority of a member? What is the

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authority of a manager?

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Any individual member. A manager can spend up to

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$1,000 without the consent of the other members or

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managers. Anything above from

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1,000 to 10,000 do you require?

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Uh, uh, let's assume there's more than two

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members. You require a majority consent.

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Anything above 100,000. Unanimous consent required, something like

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that. So you build that into the operating agreement

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so that everyone understands what

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they can and can't do. Failing to discuss it is one of

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the problems. And so the operating

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agreement is a point of discussion. We can

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discuss it. Let's get all this stuff out here. And sometimes I

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actually to call today, I'm not sure they're moving forward

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with the business because there was something we came

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up with and without getting into the details and giving up

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attorney client, uh, disclosure here,

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um, uh, I should say attorney client privilege.

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They had not discussed a key

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point. We raised the key point and

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they started arguing with each other. So guys, our consultation

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is done. You need to work it out. And if you can come up with the

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terms, then lets then move forward with this thing.

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But youre going to discuss it at the

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beginning, get it memorialized in the

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operating agreement. And if those bad things that

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you hope arent going to happen, you have a roadmap

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for how you're going to Handle them. That's what a prenup is,

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right? We're going to be married, everything's going to be

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great. As soon as we, if we have kids together or I saw

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one, you know, if we're together 15 years and the prenup evaporates,

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great, okay, great. What if that doesn't happen? Right.

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Then what we brought to the marriage, we're going to leave with

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or know whatever you come up with. So it is a

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tough discussion that prenup, the operating

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agreement can be a tough discussion as

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well. Usually not as severe as the

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company is not going to move forward. But you're getting it out in the

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open and then there's not going to be a surprise where I need to come up with

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a $50,000 check in a week.

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>> Anthony Weaver: Right.

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>> Jonathan Feniak: That kind. So that's why the operating agreement is

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important. And one of the things that

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people m. Miss the

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operating agreement is a contract. And it's a

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contract that's binding on the signatories.

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Okay. You and I

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enter into uh, AMAN llc. We

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sign our operating agreement, somebody sues us.

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Has no relevance. They're not a signatory to that agreement.

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Right. All we're going to get

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is if they're trying to

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force the company to do something,

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there may be provisions. And in our operating

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agreements, the ones we provide to our uh, uh,

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formation clients at Wyoming LLC or LLC

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attorney, there's provisions in there about

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what those parties, the people who are

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suing can do. And so one of

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the most important provisions is that, and

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it's based on this idea of pick your partner. Right.

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I can't have a new partner

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forced on me. That is

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critical to have in that operating agreement that you

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can't go sell your interest to somebody else.

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Somebody can't forclose on your interest. And now

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I've got Wells Fargo as my new business partner.

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Or you sell it to your brother in law and he's

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my new business partner. No, I didn't sign up for that.

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So um, uh, really important concepts

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and I used to uh, do

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custom operating agreement drafting for

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people. A lot of work, thousands of

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dollars I would have to charge for it. And

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at the end of the day 90% of them needed the same

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things. So working with uh,

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the technology team that we have,

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we went through and we created call it a

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custom operating agreementments like mass customization, 30

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or 40 questions that you answer. And then

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at the end when you submit it, an

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operating agreement comes out that contains all these

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different provisions. Right. Uh,

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its a great tool. Its available for The Wyoming companies, most

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people, they have a Wyoming holding company, uh,

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and thats where the ownership and the partnership is.

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But uh, has been a fantastic,

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uh, powerful tool for our

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customers to have those discussions.

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>> Anthony Weaver: Nice. Yeah, because I'm thinking now

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because business and all the business is mostly

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like a relationship at the end of the day really.

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>> Jonathan Feniak: Um, it's a partnership. It's a marriage, man.

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>> Anthony Weaver: It's a marriage. Because people always

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argue with me when I keep saying like, you know, marriage is a

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business at the end of the day. Like if the government wasn't

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involved, you know, how many divorces will happen

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tomorrow. It's crazy.

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Um, but one of the things about this collaboration

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piece is that you

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um, you had this permanent vacation to

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Colorado. Uh, I just wanted to know what was that

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conversation like, uh, when you decide to

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settle in Colorado, what's your wife?

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>> Jonathan Feniak: Yeah, well, I've resettled a number of times. I don't live in

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Colorado anymore. So I'm a Wyoming and Colorado license as

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attorney. I live in Puerto Rico.

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>> Anthony Weaver: Sweet.

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>> Jonathan Feniak: Yeah. Uh, so when the

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financial crisis happened, um, uh,

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I mean it was good timing, it was bad timing.

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Uh, my wife's mother had been a

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25 year survivor of cancer. But it came back

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and over that the

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2008, two, uh, thousand nine.

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2008 or 2009, don't hold me to the year, uh, she

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came out and saw her mom and her mom's health was really failing.

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And so uh, said, she said

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john, I need to be there with her. I didn't want to split up our family.

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With the financial crisis, things were not going well.

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And I said uh, well if I can find

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work in uh, Colorado then let's move there.

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And so wind up. We move for family. I mean that's the sandwich

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generation. My kids were in first grade

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kindergarten and then an aging mother

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and mother in law, uh, I love

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dearly. And we made the decision for

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the good of our family for that sandwich

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generation. Uh, then after

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all that time in Colorado, uh, up

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until 2022, uh, we were in

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Colorado, so 14 or whatever. Count the number of

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years. 13, 14 years. Uh, and then uh,

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the business, the Wyoming LLC

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attorney, uh, and the LLC attorney business,

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uh, we saw a great opportunity in Puerto Rico

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for uh, a whole host of reasons.

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And because my kids were now gone,

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they went to college. My wife and I, uh, we were actually

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married in Puerto Rico, uh, and loved Puerto

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Rico, loved Puerto Rican people, loved the

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culture, uh, and had been visiting it for

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periodically over the years. We said let's

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change. Life is short man, living in paradise

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is a good thing. Love the mountains, love Colorado. But I love

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Puerto Rico too.

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>> Anthony Weaver: So like are you'all going to move back

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for the kids? So you're going to stay there? I like, you know what?

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>> Jonathan Feniak: This is it. No, no, I love, I love Puero Rico. The kids are,

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you know, uh, one's graduated already, one's got an next

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semester. Uh, and they

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are, you know, they got their own lives. They come.

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Who doesn't love to come? And everybody loves to come and visit us.

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Uh, come on down. You are welcome. Uh,

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we, we uh, uh, we don't

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envision leaving Puerto Rico. I

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mean the weather is gorgeous again. People are wonderful. Going

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the beach every week. And uh, it's also

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super easy. So it's a US territory. We don't need

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it. You don't need a passport. Have so you have a passport. But

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easy flights to New York and Atlanta and

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wherever the heck else we uh, want to go. So it

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is a, it'a fantastic uh, place to live.

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And I don't envision, uh, you never know what life's going

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to throw at you. You know, there was, there was a study, uh,

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that Harvard did and it's called uh, it was a

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longitudinal study. I forget who did the study. I apologize

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to, to the author of the study. But it was

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like they asked people like, like what was your life like 10

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years ago? And they're like, man, it was crazy.

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It was so different from what my life is now. And then they ask them

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what do you think life's going to be like in 10 years? They're like, yeah, it'll be exactly the

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same. Do you think they were right? They were not right. Right. It is

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a, uh, uh, and my 10 year

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cycles, it was fine. It was operations

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and then it was finance and then it was law

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and we'll see where I am in 10 years. Go be a

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chiropractor, you know, massage therapist, piloty

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instructor. I don't know'be something.

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>> Anthony Weaver: All right, uh, so what advice like do

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you give people who are hesitant to take that first step

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in secureing that financial future?

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>> Jonathan Feniak: U, uh, no time like the president. Right. You

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need to u, uh, you know, be

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cautious. Um,

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don'and.

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Dip your toe in. There's people. We dive

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all into it. Uh, 100% in. Burn

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the boats at the beach of idea. When

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it comes to starting a business, I think

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it pays to step back, slow

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down, don't overcomplicate.

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And one of the key things I've said

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is that let's assume

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everything Goes right, you got a product you're going to

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create, how are you going to sell it? Ultimately,

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every business owner is in sales, whether they're selling

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themselves, whether they're selling a physical product,

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whether they're going to be selling a digital product, whatever it is they're

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doing. You are in sales, how are you selling that product?

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Forget about how you're going to get there, forget about how you're going to create it, what advice

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you're going to get, what it is, how will you sell it?

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That in this age is the most

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difficult thing. That is the thing. I'm going to be,

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uh, an influence.

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I'm going to start a podcast. How are you going to get

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followers? How are you going to get listeners? How are you going to get people who are

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willing to pay for your services? Right. And so if you start

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out with that mindset that I will be a

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salesperson in this, uh,

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that is a fantastic place to start.

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>> Anthony Weaver: In your experience, what mindsets or actions just to

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of help people move forward when they starting a

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business or even just protecting their assets.

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>> Jonathan Feniak: Right? Yeah. And so when it comes to starting the

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business, I like to focus on,

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assume everything goes right, you can actually create the product, you

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can, you know, your business structure is going to be fine, all that stuff's going to work. How

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are you going to sell the product? And you sort of, uh, realize as an

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entrepreneur you are a salesperson, uh,

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first and foremost you need to figure out how you're going to

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sell the units. It's required to support

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yourself, support the business. What are your unit

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volumes going to be? Whatever your units are, uh, if

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you're going to be an influencer, how are you going to get people to listen

Speaker:

to uh, your podcast or

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subscribe to your feeds or if you're a consultant, how are you going to

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get those clients? Uh, if you're selling

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widgets or physical product, where are you going to sell it?

Speaker:

How are you going to sell it? And think about the sales side

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first and then all of those other things

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fall into place. Those are the easier parts I think

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in today's uh, in today's economy is how are

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you going to get eyeballs on your product. And then

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when it comes to asset protection, thinking

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about that, thinking about where your risks are

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and uh, do you have risks that you

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can't cover with insurance? Insurance is

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great, uh, hopefully not too expensive,

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uh, for you to obtain, but that's the first line

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of defense. Uh, when it comes to asset protection,

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figure out how you can cover yourself when it Comes

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to risks and then figure out what is

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it you're willing to risk on the business.

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That's where you get to, you're going to form that llc, you're going to limit

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your downside risk by only putting

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into that LLC the amount that you want to or willing

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to potentially lose. And so you sort of start out with.

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And I get, I don't know,

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not invited to uh, uh, some

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meetings. But I tend to be negative. Right. And

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so and I talk to anyone and I need to hold myself

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back to not be the most negative person in the room. But

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thinking about um, those

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negatives that are, if they're

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complete, it's a one in a million chance the negative then not

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worth thinking about most likely.

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But there are things that are know

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there's the known unknowns, uh, that

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something bad could happen. If you own real

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estate, there could be uh, an

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accident. Right. Your tenants could get hurt, they could

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sue. Having the insurance, having the LLC

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protects you. In that case, if you'got you're selling a

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food product, something like that, someone gets sick from it, uh,

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you've got your product liability insurance

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and then you've also got the LLC to protect you. So

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thinking about those downsides but also you know, when you're

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starting how am I going to sell this darn thing?

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>> Anthony Weaver: Yeah. And the beauty for those of you who

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are listening is that the reason why we want to,

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we can't give specific answers is because

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everybody's situation is going to be a little different.

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So remember this is just hand waving

Speaker:

information uh, meaning we just touching

Speaker:

this but you still got to do your research.

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Definitely talk to John and his team uh, so we

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can get you a specific information that you

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need.

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So John, with that being said we're going to slide into the third

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sement which is the features. Um, and

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this one is where u,

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um, a lot of the people who are okay, we're listening

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about the asset protection but there'something that you've

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mentioned about which is called the six steps to

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asset protection. And how can we apply that

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to um, our businesses as an

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entrepreneurs or even just for all families.

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>> Jonathan Feniak: Yeah. And so I, you know I'm going to push

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back a little bit. Uh, you know,

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and it's easy to digest and I think it's good, you know,

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for, for podcasts perhaps. But, but what

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are the steps to asset protection? We need

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to assess what your risks

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are. Right. We need to assess what assets

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you have and then come up

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with a plan that makes

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sense. That really is the key here.

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And I Think there's too much, you know, what does a lawyer

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do? You know, a lawyer hears

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about your situation and provides customized, uh,

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advice for you. Um,

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so I think it's hard to say,

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you know, those six items.

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Uh, and again, I don't

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want to. You need these six things and I see videos and

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you need these 10 things in your LLC operating agreement. You're an

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idiot. That's not true, man. It's not true. That's not the

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way really this works, right?

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Size it for your needs. We've got a great

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team. Uh, we've got great information

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on our websites. You have the ability

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to talk to attorneys, uh, if you

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have I go the Occams razor approach.

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Let's keep it simple, uh, at

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the beginning and then we can scale later

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on. But we make you have these amenities, I

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call it, that you can uh, talk to,

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educated our entity

Speaker:

formation team, uh, help you understand what the

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choices are. Uh, we also, we

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have uh, created inside of the

Speaker:

client portal the products that are there and

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the things that are there. The services that are there are, uh,

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ones you have a likelihood of needing. I find

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a lot of folks, there's a thousand things and it's

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so cluttered with potential options. You don't

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know, do I need this thing? And so we've

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tried to really provide those things that there's a

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high likelihood that people will need. And then we've also

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created packages or bundles and saying,

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okay, you're just starting out. Keep it as simple as we

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can. Okay, you're sort of thinking about the future and

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this one is where maybe you're in a more advanced

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stage. So, uh, I'm going to push

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back on a one size

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fits all approach, I think.

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Figure out how you're going to sell your product, come up with a

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business plan just like you said with the 21 year old. Uh,

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let's get you to think about how we're going to make this, how you're going to

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make this thing work, where the money is going to come from. Uh, and

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then an LLC is really the most

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basic thing. Protect yourself from

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having all of your chips on the table.

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Uh, that is a huge part. And then let's focus on

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simplicity in most cases. Uh, not getting

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too complicated. Uh, so I'm

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sorry if I'm disappointing you, uh, on

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the six things, uh, but I think

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there's more to it to that and I don'to I don't

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want to present a vision of uh, if you do these six

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things, everything's going to be fine.

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>> Anthony Weaver: No I appreciate it because it's the six steps

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came from something you talked about like

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four years ago which actually shows your growth

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in over

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years. And I love that you actually

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uh, are pushing back on that now. Uh,

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because the way of the Internet, everybody just

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putting things out there and we just want to, want to make sure that

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everybody's protected it properly.

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>> Jonathan Feniak: Yeah, properly. Properly is the key and that um,

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don't overcomplicate it. Uh, and you know,

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example know people, they're going to

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uh, they have an idea, it's going to be the next

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Google. They haven't written a line of code,

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they don't have any investors. Uh, it's just them

Speaker:

sitting in their basement. Okay. And so then they go and they

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form a Delaware corporation, they hire a corporate

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attorney, they do all these other things, they spend a whole lot of money doing

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it. No investors ever come

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know they never get the code actually written. So

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for those people let's start a

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simple Wyoming

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LLCay. It's going to be a single member

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LLC. We're not going to make a tax election on it. We're going to keep

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it simple. Hey, then you know what happens

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youe making somet traction, right? Youre going to bring in a

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partner, right? Great. Lets turn it into a partnership.

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Right. Then we say hey wait a minute, we'going to do friends

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and family. We'going to have some friends and family who want to invest.

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Is it a securities offering? We'think about those things. But we'going to do

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a conversion to a corporation and you can

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do that. You can make an llc, turn it into a corporation

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and were going to change the tax status of the company with the IRs

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to C Corp tax status. Fantastic. Wait a minute.

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Things are going so well. Now weve got

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venture capital investors who are coming in. You know what they want,

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they want you to be in Delaware. We're going to do um, a domestication

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of the company to Delaware, move it to

Speaker:

Delaware and then those investors are willing to

Speaker:

come in. They really like the laws in Delaware. They're like the Court of Chancery and

Speaker:

all that stuff. But what we've done in the meantime is that initial

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stage, single member Wyoming llc.

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Inexpensive, easy to administer.

Speaker:

Compliance is easy. They don't have any separate

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tax filing to do. And then they've scaled up

Speaker:

and changed as the situation demands

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it. Maybe then they do a ah, couple of

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subsidiaries for different products or they've got an IP

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portfolio without all these other things.

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None of it is you set it and forget

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it. You're going to be constantly reviewing,

Speaker:

adapting, changing as things progress.

Speaker:

But if you start out super complicated, you're

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wasting money, you're wasting time and almost all

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situations. So keep it simple and then let it

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grow.

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>> Anthony Weaver: That's the best way to go.

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>> Jonathan Feniak: That's we can do, man.

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>> Anthony Weaver: Right.

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Uh, so this one is about you though. So

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what areas are you focusing on and

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improving your life or your career?

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>> Jonathan Feniak: Yeah, um,

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I love to do clee. Right. So

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continuing legal education. It's a requirement

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under the, you know, if you're a bar admitted

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attorney. Um, I love to

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hear people who are nerds on particular

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subjects and diving

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into the clee and you've got an

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experienced practitioner telling you

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all of these different things. What they've learned,

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I love. So I'm about asset protection.

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So what I love hearing though is I do

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clee who are on the other side, the

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plaintiff's attorneys, what do

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they do when they're evaluating? Do they take a

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case? Right. They will search you,

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they will look into you, they will investigate your

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llc, they'll see who the owner

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is, they'll do a search through one of the Lexus

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Nexus or Westlaw or something. They'll find out what

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properties you own, what properties you have owned, how big a

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mortgage you have, do you out. They make credit reports, let me do all of these

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things. And so that

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guides the advice Those types

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of CLE's understanding other people who may be trying to

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come after my clients. Right. What

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those other folks are using and then we can adjust

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our strategy in that same way. Listening

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to clee, when uh, the

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bankruptcy clele'that's a big

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downside. How can you protect yourself

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even in the event of uh, uh,

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a bankruptcy? I listend to CLE's

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on domestic relations. So

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divorces, what happens, what do those cases look

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like? And so I building this. And I'm not a

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divorce attorney, I'm not a bankruptcy attorney,

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I'm not a litigation attorney. But all of these

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things inform my ability to help my

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clients as I think about the worst case scenarios. The

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sky is falling, there's a hole in the ozone layer, whatever the heck else it

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is. So thinking about all of those things was

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a. We had talked briefly before and at the

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beginning here and we're talking about that corporate

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transparency act, right. And uh,

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there's a Texas court and I just did a

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video, I put it on YouTube, uh, about this Texas

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court, put a nationwide uh,

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injunction on the enforcement of that

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law. What happens now? And

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I watched some videos on YouTube and on TikTok and other

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places, you don't need to do it anymore. This doesn't

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exist. That's not correct. Right. I

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think ultimately, without getting what my prediction is

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here, it's more nuanced than that. And

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so digging into those details, reading the underlying cases,

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doing the clee, uh, that's what I focus

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on. Being better at what I do. It's

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rare I get a novel sor of

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question, but, man, I love those novel

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questions. Love. I love them. And, uh,

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luckily I make people tell me in advance what we want to talk about.

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And oftentimes I find myself. I'm going to do

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clele on this. I'm going to do contining legal education. I'm going to dig into

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the details, look at the case law right now, look at all of these

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things so that I can give my clients the most relevant,

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timely advice.

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>> Anthony Weaver: Yeah. And the beauty of having

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somebody that's curious about the product or curious about

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the industry, those are type people you really want to have on your

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team, uh, regardless of your

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business. Even if whatever business you're falling into,

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or even if your family, like, hey,

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family, we're going to start looking at how other families

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are dealing with their issues. We'ren t go to, like you

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said, like the family courts or whatever, because you can go to court

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for free. So it just kind of show up and listen to people's

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stories. It's much better than reality tv,

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honestly. I, Yeah, I like it. So,

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yeah.

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>> Jonathan Feniak: And I, you know, it's, it's, it's. Sometimes I get to,

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you know, uh, peer into other people's

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problems and things and, but other people's successes as

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well. Uh, and I learned from, I learned

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from them, uh, maybe, uh, not as much as

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they're learning from me, but I learned quite a bit, uh, from them.

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>> Anthony Weaver: Awesome.

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Is there anything that you want to leave, uh, the audience with

Speaker:

before we dive into the final four questions?

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>> Jonathan Feniak: Uh, so.

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No, no, let's dive into the question. I mean, so my team came

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up with, uh, a code

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that's going to give, uh, your listeners, if they do have a need for

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an llc, uh, give you, give

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them, uh, some discount. I. I don't know.

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>> Anthony Weaver: Oh, I have it, I guess.

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>> Jonathan Feniak: Okay. About that.

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>> Anthony Weaver: Right?

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>> Jonathan Feniak: You got the code. All right, good. Uh, I want to make sure we talked about

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that. Um, you know, I didn't,

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I don't know if I said it. I think I did about my own background.

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Yeah, yeah, we're fine. Let's go.

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>> Anthony Weaver: Let's run with it. All right.

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>> Jonathan Feniak: Let's run with it man.

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>> Anthony Weaver: All right,

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number one, what does wealth mean to

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you?

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>> Jonathan Feniak: Um, wealth to me is

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having optionality to do the

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things that I want to do. Realizing that

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10 year plan, what it looks like 10 years in the future. I

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dont know what that's going to be. I may want to change.

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I dont want to have anybody who can tell

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me hold me hostage effectively in

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my own life. And part of that is

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managing your expenses as your income rises.

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There'that tendency to let your expenses

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rise in line with them. But keeping it where you've got the

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comfortable lifestyle you want and

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if something terrible happens, it's really

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not going to affect you. And I think that's what wealth is. Where

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people uh, and your lifestyle is not holding your

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hostage or your boss isn't holding you hostage or

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other people in your life are't forcing you to do things that you

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don't want to do. That's wealth.

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Nice.

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>> Anthony Weaver: Number two, what was your worst money

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mistake?

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>> Jonathan Feniak: Uh, doing that. So the

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2008 financial crisis, you know, I got too

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far out over my skis and

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uh, was doing very well financially

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and let my expenses grow in line

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with my uh, income. And then

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financial crisis hit and you see a

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70% drop in income.

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You've got problems. And so not letting that happen

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again, that was in my youth. I wasnt that youthful as my

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30s. But uh, uh, it is

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something I would, I would never and have not let happen again

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was just not having that

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optionality, not having the reserves. If your

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income dries up, how long could you

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survive without that income or with a significant

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decrease in income?

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>> Anthony Weaver: All right, number three, is

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there a book that inspired your journey or changed your

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perspective?

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>> Jonathan Feniak: I love uh, uh, A Conman.

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He is the writer of Tipping Point

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and, and other books. Uh,

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his approach to thinking about how

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group dynamics and how things happen, how big

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things happen has

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been really important for me

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to think about how I interact with others. He's got this

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concept of the maven. Those are the people

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who can be counted on to sort of spread the

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word about something. If you can get mavens

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to be fans of your uh, podcast of this

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podcast. If we can get mavens who love

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our products, sometimes they're called apostles,

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uh, those ideas when the

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small things make a

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big difference and you don't need to please everybody.

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But are you pleasing the right people? Right. Do you have those apostles? Do you

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have those mavens out there who are trusted by

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many?

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>> Anthony Weaver: All right, number four, what is your

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favorite dish to make?

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>> Jonathan Feniak: Oh, paella for sure. So I

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got a paella pan, uh,

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15 plus years ago. I got it uh,

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at a, uh, Goodwill Massive.

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>> Anthony Weaver: Like I didn't know they was like a specific pan

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for.

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>> Jonathan Feniak: Oh yeah, yeah, yeah. No, it's a big circular pan. It's shallow.

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And I cook my paella on the grill.

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And uh, u. That's like the traditional way. I

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use orange wood, charcoal.

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Uh, very traditional. Uh, it

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is, it's about, you know, it's about uh, an hour of

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prep and then over the grill for an hour

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and it's a showstopper. It's, you know, if I have

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a dinner party, I make the paella. It's a showstopper

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and people are just absolutely forward with man.

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>> Anthony Weaver: Okay, tell me something new it

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know about it. That's pretty

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cool.

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Uh, so we got the last question of the show, which is where could

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people find out more about you?

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>> Jonathan Feniak: Yeah, ah, uh,

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our company is company Sage. Uh, company

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Sage owns llc Attorney

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Wyoming LLC Attorney and some other, uh,

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brands, some other entity formation, uh,

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business success platforms, entity

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compliance platforms. We have

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designed this thing. The attorneys have been driving force

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and designing this to really meet the

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needs of entrepreneurs. Our Wyoming website has

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fantastic articles, uh, the overall majority

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written by a attorneys about niche topics.

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Um, I think there's a lack of. A lot of the stuff on

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the Internet is written by AI now. And so we attempt to

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be a source of truth. Uh, you check out our

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YouTube videos. I've done a bunch of videos

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there. Um, so on my other side

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I've got finiac, uh, uh, dot

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com. So that's my law firm website where

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you can schedule consultations with me to

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talk about, uh, instead of those six easy things, let's

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talk about some of the hard things. So between

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those two, if you really know what you want and know what you want to do,

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the LLC attorney or Wyoming LLC attorney brand

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websites are fantastic. If you're not so sure, I

Speaker:

recommend calling in. We've got great teams who

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actually answer the calls. They're teams that they're either in

Speaker:

Puerto Rico or they're up in, uh, Scottsdale, Arizona and

Speaker:

Wyoming. They're all over, but they know

Speaker:

these things inside and out. Talk to them,

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see if they can help. And then if they can'they'll say

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you need an attorney. I'm not the only attorney associated with the

Speaker:

brands. You need someone to do his IP does ip. You

Speaker:

need someone who can help with international tax. You need

Speaker:

all these other things. We have attorneys that you

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can, uh, call upon without doing a

Speaker:

retainer, without doing something Complicated. Keep

Speaker:

it simple and speak to people who are subject

Speaker:

matter experts. So a, uh, lot of different ways

Speaker:

to get in touch with us. Uh, it'not a one man

Speaker:

show here. Very large organization with

Speaker:

amazing, talented, knowledgeable people.

Speaker:

And uh, I recommend you start with those resources.

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>> Anthony Weaver: Awesome.

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And for those of you who made it this far, at the very

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end of the show, I mean LLC

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attorney.com has blessed

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everybody who is listening to this is

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100% off your

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uh, your formation fee for the initial

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filing. So to redeem it, all you have to do is

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enter the code. Wallet Pod

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100. It's W A L

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L T mean W A L L E

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T p o d

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100. Uh, put that

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in under the partnership code

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and like one of the final checkout page. You

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all good to go. So go ahead on and start your filing today. There's

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no reason why you can't start that process. So let's go on and

Speaker:

get you started. You know, shout out to John if

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you want to say like, hey, John, I signed up. Hit me up

Speaker:

when I'm ready. So let's make it happen.

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>> Jonathan Feniak: Yeah. Awesome. Thank you so much, uh, for

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letting me babyna here. Uh,

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it was great meeting you the first time and it's absolutely, it's

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fantastic to meet you again and

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uh, we are absolutely here to help.

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>> Anthony Weaver: Awesome. Well, thank you so much, John, and thank

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you. Many blessings to you and your family. I'll take care.

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>> Jonathan Feniak: Thank you.

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>> Anthony Weaver: Welcome. Right, one,

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one handle

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right.

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>> Jonathan Feniak: What? You're on. You're on speaker

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and it's coming through in here, honey.

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>> Anthony Weaver: Okay.

Speaker:

>> Jonathan Feniak: Gosh darn it. Hold.

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