Bach to Business

Our award-winning blog draws from Elizabeth Whitman’s background in and passion for classical music to illustrate creative solutions for complex legal challenges for businesses and real estate investors.

Posts tagged SEC v. Howey

Raising Money for a Business or Investment from Friends and Family May Require Compliance With Securities Laws

People raising money for a small business or real estate investment may be surprised that they are selling investment contracts subject to federal and state securities laws.

Real Estate Investments, Securities LawElizabeth WhitmanJanuary 8, 2022Elizabeth A Whitman, Elizabeth whitman, Whitman Legal Solutions, investment contract, investment real estate, real estate fund, Howey test, SEC v. Howey, transaction-based compensation

How Struggling Orchestras are Like Qualified Opportunity Zone Funds

On July 15, 2019, SEC and NAASA recently released a Joint Summary of securities law concerns for Qualified Opportunity Zone Funds. Although these funds can provide significant tax benefits, fund sponsors must be careful to comply with securities laws when selling them to investors.

Orchestrating Real Estate, Tax Law, Real Estate InvestmentsElizabeth WhitmanJuly 17, 2019Elizabeth Whitman, Elizabeth A Whitman, Orchestrating Real Estate, Bach to Business, qualified opportunity zones, qualified opportunity zone funds, Rule 506, SEC v. Howey, investment contract, NAASA, TCJA, Tax Cuts and Jobs Act