Securities Law Questions & Answers by State

Securities Law Questions & Answers

Q: I received a handgun as a gift, I'm 19 years old and live in Florida. Can I have it in my car?

1 Answer | Asked in Criminal Law, Agricultural Law, Constitutional Law and Securities Law for Florida on
Answered on Jan 19, 2018

Yes, you can possess it and, as I advised you yesterday, you can have it in your car if it is "securely encased or is otherwise not readily accessible for immediate use". If it's in an unlocked glove box, it is arguably readily accessible for immediate use.

Also, as a former firearms safety instructor, I would suggest that it's safer to not have a round in the chamber of a semi-automatic handgun until you are ready to use it.
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Q: I see on the internet people who are 18 and dating minors from 14-17 is it illegal in California?

1 Answer | Asked in Securities Law and Criminal Law for California on
Answered on Jan 18, 2018

the issue kicks in when they are having sex? if so then it is stat rape
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Q: I'm 19 years old in Florida. I received a handgun as a gift. Am I allowed to have it in my car for self defense?

1 Answer | Asked in Gov & Administrative Law, Securities Law and Criminal Law for Florida on
Answered on Jan 18, 2018

Yes. See Florida Statute 790.25 (5):

"POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits...
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Q: I have bond's that are in deceased parents name. how can I cash them in?

1 Answer | Asked in Family Law and Securities Law for Alabama on
Answered on Jan 17, 2018

You will probably have to open an estate. Depending on your facts, you may be able to open the estate under the small estates act of the Probate Code. See a lawyer in your county who is familiar with probate matters.
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Q: I am looking for an atty, 1) admitted to federal court, to file a suit against a forensic accountant, I have the proof

1 Answer | Asked in White Collar Crime, Estate Planning, Securities Law and Broker Fraud for Alabama on
Answered on Jan 13, 2018

I'm sure you can find an attorney who will consider taking your case, if you look hard enough and if your case has merit. An attorney can sue the accounting firm, the trustee and the trust attorney. He or she cannot file criminal charges, or even threaten to file criminal charges, and cannot sue the E&O carrier. If a person or company with E&O insurance is sued, they contact their E&O carrier, who may or may not step in and defend.

WARNING: I am not your lawyer and providing you...
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Q: Borrowe $75M from sister When repaid does she owe IRS No interest paid

1 Answer | Asked in Real Estate Law, Securities Law and Tax Law for Ohio on
Answered on Dec 22, 2017

The IRS can impute interest to a loan, even if no interest is charged or paid to the lender, and tax might be owned on that amount of imputed interest. Ask a tax advisor.
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Q: I have a small startup that some friends/family want to invest in.

1 Answer | Asked in Securities Law for California on
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, private offerings of stock are exempt from registration under Section 506(b) of the Securities Act of 1933. Such private placements are exempt from registration under California state law pursuant to Corporations...
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Q: A year ago my father took my laptop to try and get it fixed. He gave it to a man that he found online.

1 Answer | Asked in Criminal Law, Products Liability, Insurance Defense and Securities Law for New Jersey on
Answered on Dec 13, 2017

Best bet is to hire a PI to find the guy if it is important to you, then you can determine what your best options are. If you can't find the guy you can't really do much. He did not steal the laptop and may have tried to contact you and he may say you did not pay for the services rendered etc, etc.
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Q: Can a landlord legally ask a tenant for more money after withholding a security deposit on a rental agreement?

1 Answer | Asked in Landlord - Tenant and Securities Law for Ohio on
Answered on Dec 4, 2017

You can request receipts. But if you don't pay, the landlord could sue you for the repair amount in small claims court if under $6000, and you could then go to court and dispute the amount the landlord claims. But the landlord might not sue, and instead could make an adverse entry on your credit report, lowering your credit score and making it more difficult to rent from a landlord who checks your credit. So you might consider working it out.
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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

1 Answer | Asked in Securities Law for California on
Answered on Nov 11, 2017

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

1 Answer | Asked in Contracts, Business Law and Securities Law for California on
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.
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Q: Does unvested stock always implies that person employed by the company?

1 Answer | Asked in Business Formation, Business Law, Employment Law and Securities Law for Virginia on
Answered on Oct 15, 2017

Provided that person carry a specific authorization to that extent in order to avoid any possible scam.
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Q: All bank accounts have both me and painters SS # on it. How does it get split on ones death with a will?

1 Answer | Asked in Estate Planning, Family Law, Probate and Securities Law for Massachusetts on
Answered on Oct 13, 2017

Generally the survivor becomes the owner of the account and it is not part of the probate estate which is governed by the Will, but you should consider clarifying that this is the case in your Will by so stating that the account is not intended to be divided as part of the estate but is a survivorship joint account.
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Q: How much is a declaration? Of heir in texas and is it able to be deducted from a settlement with the comptroller?

1 Answer | Asked in Banking, Energy, Oil and Gas, Probate and Securities Law for Texas on
Answered on Oct 11, 2017

I suggest you have an in-person consultation with an attorney. It's a time-consuming job to review all the appropriate facts and advise you accordingly; therefore, you will probably be charged for the consultation.
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Q: California Securities Law Question: I am the sole shareholder of a British Virgin Island Corp that sells Crypto

1 Answer | Asked in Banking, Business Law, Consumer Law and Securities Law for California on
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.
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Q: Can a rental apartment complex demand copy of my new born child birth certificate and social security nunber?

1 Answer | Asked in Landlord - Tenant and Securities Law for Virginia on
Answered on Sep 30, 2017

To the best of my knowledge, a landlord or the managing agent has no right under the Virginia Code to demand the documents that you described, unless that right is stated in the lease that you signed.
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Q: What is the basis of securities that are inherited in a non-community property state?

1 Answer | Asked in Securities Law for Maryland on
Answered on Sep 28, 2017

Inherited property generally gets a stepped-up basis. If someone already owns part of property they cannot "inherit" the whole thing, hence a "half step" in basis.

For more specific answers you may wish to run your situation by an accountant and/or attorney.
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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

1 Answer | Asked in Family Law, Antitrust, Legal Malpractice and Securities Law for California on
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 it does not begin to run until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. (Sun'n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 701 [148 Cal.Rptr....
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Q: Hi,my tenant in Ohio terminated lease agreement, I want to return security deposit should I pay interest to him?

1 Answer | Asked in Securities Law and Landlord - Tenant for California on
Answered on Jul 24, 2017

Generally, security deposits are returned without interest. Deposits are placed to cover possible damage. Deposits are not an investment.
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Q: We received an adverse claim regarding the 3,106,000 shares of SFRX.What can I do

2 Answers | Asked in Contracts, Broker Fraud, Business Law and Securities Law for Florida on
Answered on Jul 22, 2017

You need the services of an attorney who works for you, not the other party. I don't know why you were required to pay the other party's attorney, but it may be something in the contract. Your attorney can review the whole matter and advise you.
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