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California Securities Law Questions & Answers
1 Answer | Asked in Securities Law for California on
Q: Can you explain what a "triggering event" is? I keep seeing the term.
T. J. Jesky
T. J. Jesky
answered on Oct 20, 2018

A triggering event refers to an occurrence that, once breached or met, it causes another event to take place. Triggering events are written into contracts to prevent or ensure that if something happens the next event will happen.

For example, you want to buy a newspaper at a news stand....
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1 Answer | Asked in Securities Law for California on
Q: Options were about to vest but the company went into bankruptcy, what do I do?
Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Sep 14, 2018

If your options are in the money, you may want to exercise them. If a stockbroker recommended the options without warning you about the companies financial condition, you may be able to sue. You'll need to talk to an attorney.

www.securitieslaw-attorney.com

1 Answer | Asked in Securities Law for California on
Q: We'd like to issue shares in our company - do all the officers need to sign off?
T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

When a Company issues shares, the "corporate formally" to do so, is a Board Resolution. In other words, it is the Board of Directors through a Board Resolution that authorizes the issuance of shares from the Corporate Treasury. It is not the officers but the Board of Directors who have... Read more »

1 Answer | Asked in Securities Law for California on
Q: What's the very first thing I should do if I have believe I have a securities claim?
Steve A. Buchwalter
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Steve A. Buchwalter
answered on Jul 17, 2018

Gather all your documents and put them is a safe place. Call an attorney to go over your case. Any attorney you talk to may ask you to write up a narrative (your story) as to what happened. It may be a good idea to start on that.

1 Answer | Asked in Tax Law and Securities Law for California on
Q: I am a FINRA registered representative with several securities licenses and had a tax lien.

A tax lien was placed on my assets, then released, without my knowledge. My new employer wants me to have this recorded on my U4. Is there any way I can keep it off my U4?

Steve A. Buchwalter
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Steve A. Buchwalter
answered on Apr 25, 2018

Yes. Pursuant to question 14m on the form U4, only unsatisfied liens need to be reported.

1 Answer | Asked in Securities Law for California on
Q: How does the SEC deal with people who want to cash out millions of dollars they earned via Bitcoin? Is that regulated at

all?

Steve A. Buchwalter
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Steve A. Buchwalter
answered on Apr 25, 2018

The SEC does not regulate bitcoin. As far as I know, nobody does.

1 Answer | Asked in Securities Law for California on
Q: If I ask my broker if he's been previously sued for securities fraud, must he tell me the truth?
Steve A. Buchwalter
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Steve A. Buchwalter
answered on Apr 25, 2018

Yes. They are required to disclose such things. You can check for yourself if you go to www.finra.org and type your broker's name in the "Brokercheck" box.

2 Answers | Asked in Securities Law for California on
Q: What should I do if I believe I have a valid securities fraud claim, and my broker has gone totally MIA?
Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Apr 25, 2018

You can go after his firm. If there is a fraud, the broker's firm would be responsible.

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1 Answer | Asked in Criminal Law, Divorce and Securities Law for California on
Q: i was awarded half of my wife's 403.b in our divorce. Now she won't sign the bank papers to do the split. What can i do?

She took out and defaulted on 4 loans using the account as collateral so the bank is wanting to pay off the loans and then split the remainder.

Dale S. Gribow
Dale S. Gribow
answered on Apr 2, 2018

need more facts

the first thing i would do is to contact the lawyer who worked on the divorce.

she appears to be in default of a court order.

you may have to go back to court to ask court to find her in contempt

if you did not retain a family law atty do so as that is not my area of law.

1 Answer | Asked in Business Law and Securities Law for California on
Q: what differences are there between NY and CA laws governing VCs ?

specifically in terms of what they can or cannot do with startup capital.

Jonathan R. Roth
Jonathan R. Roth
answered on Mar 22, 2018

More information is needed to answer your question. Most VC firms manage funds they create using investors money. In creating those funds they have to comply with SEC rules as well as state rules to the extent they apply. As to the use of the funds that is dictated by the terms of the fund and the... Read more »

1 Answer | Asked in Securities Law and Estate Planning for California on
Q: I am 100 primary beneficiary on several annuities and stock funds. Is it complicated to collect in event of death?

I have a brother in prison who is trying to manipulate father. By drawing up his own version of will and presenting it to him

Richard Samuel Price
Richard Samuel Price
answered on Feb 2, 2018

When a beneficiary is named on a financial account, those assets are transferred to the beneficiary when the beneficiary presents a death certificate. A will cannot change a beneficiary designation.

1 Answer | Asked in Criminal Law, Internet Law and Securities Law for California on
Q: If I told somebody they could have a computer hard drive, are they legally allowed to browse my personal data?

My ex wife is claiming that while she said in an email that she would return my computer after she backed up her files, I had previously told her via text that she should keep the hard drives. Her intent is to access the hard drives' data, including ten years worth of my data, and copy... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 31, 2018

if you gave it to her you probably should have thought of that then.

you can contact a lawyer to send a demand letter for the return of the drive.

1 Answer | Asked in Securities Law and Criminal Law for California on
Q: I see on the internet people who are 18 and dating minors from 14-17 is it illegal in California?
Dale S. Gribow
Dale S. Gribow
answered on Jan 18, 2018

the issue kicks in when they are having sex? if so then it is stat rape

1 Answer | Asked in Securities Law for California on
Q: I have a small startup that some friends/family want to invest in.

Do securities laws apply to the sale of stock to friends/family?

Reno F.R. Fernandez III
Reno F.R. Fernandez III
answered on Dec 20, 2017

Good question. The short answer is "yes." Some of the federal and state securities laws apply to all equity investments regardless of the status of the investor.

However, some investments are exempt from registration, which simplifies things and saves costs. For example,...
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1 Answer | Asked in Securities Law for California on
Q: I want to file a securities class action lawsuit. Is the company in which I own stock required to give me the names of

other stockholders for the purposes of a class action suit?

Louis George Fazzi
Louis George Fazzi
answered on Nov 11, 2017

You need to consult with a law firm which handles class actions.

1 Answer | Asked in Contracts, Business Law and Securities Law for California on
Q: (S-Corp ) Cal. We want to offer up to 5% in Preferred stock in return for performance. What doc would i need to draft?

California S Corp. I'm a co founder looking for a simple draft that give someone equity in return for performance based on milestones set forth by my terms of the deal. Total allowable equity would be 5% in the form of Preferred Stock. (non voting)

Sagar Parikh
Sagar Parikh
answered on Oct 21, 2017

You can do an employment agreement or consulting agreement with this person, assuming that you've already issued shares.

A full consultation would be necessary to properly advise you.

1 Answer | Asked in Banking, Business Law, Consumer Law and Securities Law for California on
Q: California Securities Law Question: I am the sole shareholder of a British Virgin Island Corp that sells Crypto

The ceo, is a US citizen and resides in California; the BVI Corp will get registered in California as a foreign business; the business was incorporated in BVI and we DO NOT SELL Tokens to citizens from USA, CHINA or CANADA. Would this startup still be in violation of any USA securities law if we... Read more »

William John Light
William John Light
answered on Oct 5, 2017

This is a complex question which is not suitable for a quick and free response on an anonymous internet forum. Hire a securities/tax attorney for a full analysis.

1 Answer | Asked in Family Law, Legal Malpractice and Securities Law for California on
Q: Is there a time limit on sueing family for forging my signature on stock and can I sue the lawyer that was in charge

Back in 1996 or 95 my grandfather passed away and left some stock to be divided between his 7 adult children my father passed away in 1974 that left me next of kin recently found out that my oldest Aunt forged my signature cashed out the stock and spent the money I never received a dime for the any... Read more »

William John Light
William John Light
answered on Sep 18, 2017

You need to talk to a Probate Attorney to find out the timelines necessary to bring this type of claim. As I understand it, the claim would be on behalf of your father's estate against your aunt. There is a 3 year statute of limitations on fraud (Code of Civil Procedure section 338(d)), but... Read more »

1 Answer | Asked in Securities Law and Landlord - Tenant for California on
Q: Hi,my tenant in Ohio terminated lease agreement, I want to return security deposit should I pay interest to him?

If yes how much is rate now? also in our lease agreement doesn't say anything about paying interest to security deposit.

thank you

Robert Philip Cogan
Robert Philip Cogan
answered on Jul 24, 2017

Generally, security deposits are returned without interest. Deposits are placed to cover possible damage. Deposits are not an investment.

1 Answer | Asked in Immigration Law and Securities Law for California on
Q: Working with an employer on H1b (work) visa. Not allowed to work with other employers. How can I register as reg. rep?

My H1b work visa does not allow me to work for another employer except for my H1b sponsor employer. If I want to associate with a broker dealer as registered rep what are the options for me without triggering any legal issues on immigration side? Thanks

Roger Carl Algase
Roger Carl Algase
answered on Jun 16, 2017

If the person you want to associate with offers you a job working for him on a salary basis, he can file a "concurrent" H-1B petition so you can work in both jobs at the same time. Or, if you want to leave your current job, he could file an H-1B transfer petition for you. But these... Read more »

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