Get free answers to your legal questions from lawyers in your area.
The company refuses to lift restrictions on sale from the shares I inherited from my father who was an executive. They do not provide justification, looks like it is a bad faith to force me to sell the stock through them at a much lower price.
Father passed away 10 years ago after he... View More 
answered on May 31, 2021
Unless an arbitration agreement is tied to your father's shares you can file in court.
With a proper demand on the corporation, compliance with applicable exemptions from registration, and an opinion letter, restrictive legends can be ordered to be removed by a state or federal court... View More
SEC rule 506(c) mandates only accredited investors are eligible to contribute to the funds. So can non-accredited investor form an LLC to obtain accredited status? If yes, what are the terms and conditions that one should be aware off?
answered on Apr 18, 2021
Either you are accredited or not! The issuer is not going to risk losing a safe-harbor exemption for registration to take on an unaccredited investor. And they it tells you otherwise, watch out!!
Are the applicable Alaska securities registration statutes and rules those found in Alaska statutes section 45.56.110 (2019) and Alaska statutes section 45.56 120 (2019)?
answered on Mar 9, 2021
They are exempt from the Federal securities registration statutes and rules but still subject to the Alaska securities registration statutes and rules.
I trusted my financial planner and he had me initial or sign documents that I did not understand. He did not explain what I was signing and reassured me that he was taking care of me.
answered on Feb 19, 2021
The term"financial planner" can mean different things to layman and professionals: e.g., a FINRA associate member registered representative (stockbroker); registered investment advisor; or certified financial planner. The stockbroker and//or his firm are required by FINRA to update your... View More
I create an LLC with 1 other person that finances the purchases. I do all of the work. Houses are purchased in the name of the LLC. We are both 50/50 partners of the LLC. I sell the house and we split net profit 50/50.
If I do this with other investors, creating a separate LLC with each... View More
answered on Feb 8, 2021
ONE INVESTOR IN ONE LLC MIGHT NOT BE A PROBLEM BUT THE MORE YOU DO THE CLOSER YOU COME TO BEING LABALED AN UNREGISTERED BROKER SELLING UNREGISTERED SECURITIES
answered on Feb 7, 2021
The insider trading violation is based upon trading with non-public information. However, if you are an officer, director, or in a fiduciary relationship or tipped by someone in that capacity, you my be accused of having other non-public information upon which you traded and still have a problem... View More
The company disclosed a slide that was released 2 months after and also heavily inclined about in an investor conference 2 weeks after. Does trading on the expectation of the release of something described in the slide is legal in this time period?
answered on Dec 29, 2020
The answer depends on your relationship with the company and purpose of the disclosure. If your relationship is construed to be of a "fiduciary" nature and the information was shared in furtherance of that relationship then any trading based upon that information is likely to be "insider trading."
I have my 401K and a 529 account with Charles Schwab. I opened a new acct on the 25th of Sept to attempt to trade. On the 6th they blocked my account for "fraudulent" reasons and the investigative team we supposed to call back within 48 hrs to discuss the matter. After several calls for... View More
answered on Oct 12, 2020
You need to put them on Notice in writing of your objection to the freeze, remind them you have open positions and your intention to sue them for any and all damages unless they take your orders and unfreeze the account or hire an attorney to do that immediately.
I recently quit a job I was at for 9 months. Do I notify the SEC that I left or do they? and if I do, how do I go about doing this?
answered on Oct 10, 2020
Both of you have the responsibility to make sure the IARD is accurate but you are the one that may have consequences. Go to the SEC website for the forms and guidance. https://www.sec.gov/divisions/investment/iard/iardfaq.shtml
Wanted to know because I'm looking to open a partnership or llc. No financial advice will be given to partners or members. One person would do all the transactions on behalf of company. This is for investment purposes.
answered on Oct 8, 2020
If the transactions are by the Managing Member or General Partner for and only on behalf of the company in only its private securities account and the company is not in the business of just buying and selling securities as a Broker or Dealer then in my opinion no registration would be required.
- the person asked me for money to fund a record
- I gave money, person made record. I didn’t get the promised return.
- person is not licensed to sell securities
answered on Oct 2, 2020
You can only sue under the Federal securities laws if you were sold a security. The test commonly used by the courts to decide whether you were sold a security is known as the Howey Test. If you were the only investor who made a loan for a specific return of interest it's unlikely you were... View More
We are free service that sends decks to investors on behalf of startups that are raising funds.
Investors are a mix of professional investors e.g VCs and angel/HNWI and are all over the USA
answered on Jul 28, 2020
A pitch book could be considered to be created "in connection with" an "offer" and/or "sale" of securities and subject you to liability under Federal and state securities laws.
If I come up with "the best idea since sliced bread" that I am going to present to a publicly traded company, but before contacting them, or even knowing whether they have an interest, I decide to buy stock in that company, is that considered insider trading?
answered on Jul 28, 2020
If you are not an officer, director or controlling shareholder of the company and have no non-disclosure or other contractual agreement requiring confidentiality or otherwise considered in a fiduciary relationship then it is unlikely you will be deemed an insider.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
