Posts tagged transaction-based compensation
SEC to Revisit Safe Harbor for Finders

The SEC recently announced that it would be revisiting the finder exemption from broker-dealer registration first proposed in 2020. If adopted an exemption would simplify capital raising for small business, real estate sponsors, and early-career musicians by permitting success-based compensation to finders under limited circumstances. While this development is promising, for now transaction-based compensation continues to be unlawful.

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Selling Real Estate Securities: The “Issuer Exemption” from Broker-Dealer Licensing

Real estate sponsors and other companies that sell their own securities must take care to ensure that their personnel aren't acting as unlicensed broker-dealers. Rule 3a4-1 provides a safe harbor for issuer personnel involved in selling securities. Read our article to learn about Rule 3a4-1 and best practices for issuers that sell their own securities.

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Selling Real Estate Securities: Promoter Compensation (and why Kim Kardashian is paying a $1.26 million settlement to the SEC)

Kim Kardashian has agreed to pay a $1.26 settlement to the SEC for not disclosing that she was paid $250,000 to tout a crypto asset on her Instragram account. However, the rules that she violated are equally applicable to other issuers, including real estate fund sponsors.

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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.

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