Posts tagged investment contract
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.

Read More
Real Estate Investments, Securities LawElizabeth WhitmanElizabeth 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.

Read More
Orchestrating Real Estate, Tax Law, Real Estate InvestmentsElizabeth WhitmanElizabeth 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
Orange Groves, Pay Phones, Visas, and Violins: Why Your Real Estate or Business Investment May be Subject to Securities Regulation

It is not unusual to hear that a company is being investigated by the government over immigration issues. But, what is unusual about this particular investigation, however, is that it is being conducted by the Securities and Exchange Commission (SEC), which regulates securities, rather than the United States Citizenship and Immigration Services (USCIS), which regulates immigration and visas, including EB-5 visas.

Read More
Bach to BusinessElizabeth WhitmanElizabeth Whitman, Elizabeth A Whitman, Whitman Legal Solutions, Howey Test, Violin, EB-5, SEC, securities regulation, investment contract, securities lawyer, securities attorney, Commercial Real Estate, real estate