Securities Law Questions & Answers by State

Securities Law Questions & Answers

Q: What are the laws of audio and video inside your house of children being envolved or people walking in your house.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Securities Law for Oklahoma on
Answered on Apr 13, 2019
Pete David Louden's answer
There is no law against people having security cameras in their homes. Almost every place you go now has security cameras: homes, schools, parking lots, stores, government buildings, etc.

Q: What is the age of custodianship termination in TN

1 Answer | Asked in Securities Law for Tennessee on
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
You can specify almost any age up to 59 1/2. However most Grantors would end Custodianship and begin withdrawals when the Beneficiary reaches 21, or sometimes later such as 30, 35. It is your decision.

Q: Looking at starting a freelance gig where I provide stock data (but not buy/sell advice). Do I need a license to do so?

1 Answer | Asked in Securities Law for Nebraska on
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
Before making a much bigger mistake than the mistake you are trying to avoid, I strongly advise you not to re-publish any proprietary information in any form whatsoever, unless and until you have received the original publisher's written consent--which may require the original publisher to obtain the consent of the author before doing so. If you do not understand what I am warning you about, you should hire a very experienced copyright lawyer to explain the concept of liability to you.

Q: Does an Agreed Order end all disputes between two parties, meaning they cannot rehash it out at another time?

1 Answer | Asked in Real Estate Law, Civil Litigation, Securities Law and White Collar Crime for Texas on
Answered on Mar 27, 2019
Bruce Alexander Minnick's answer
Before you attempt to assert my answer as being 100% correct, I need to advise you either to read the entire "Agreed Order" and figure it out yourself, or ask your current lawyer, or hire a different Texas lawyer to explain what appears to have happened in your old foreclosure case.

My answer: Unless I miss my educated guess the "certain date" mentioned in the Agreed Order has come and gone. If that is what happened, the Agreed Order has no force or effect anymore because it expired...

Q: Does investment firm have to refund withholding tax that was withheld in error?

1 Answer | Asked in Securities Law and Tax Law for Illinois on
Answered on Mar 17, 2019
D. Mathew Blackburn's answer
When you file your personal return you add the withheld tax as a credit which will be applied to tax due or refunded.

The investment firm doesn't have the money they sent it to the IRS.

Q: Can a settlement agent who signs a loan application also be the notary and witness on a deed of trust.

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Securities Law for Maryland on
Answered on Mar 3, 2019
Richard Sternberg's answer
If the notary is applying for the loan, he cannot notarize his own signature. Almost all settlement agents are notaries. And, notaries can of course be a witness. That’s pretty much what a notary is: a witness to the authenticity of a signature. Maryland Law does require deeds and deeds of trust to be prepared under the supervision of a lawyer, but there is a loophole that you could sail a battleship through. If you doubt the enforceability of your deed of trust, you can ask a Maryland lawyer...

Q: I'm searching for a NC attorney who can review a financial services consulting agreement.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Securities Law for North Carolina on
Answered on Jan 25, 2019
Timur Akpinar's answer
You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.

Tim Akpinar

Q: Im having issuese with pay and placement with the security company called securitas in los angeles

3 Answers | Asked in Employment Discrimination, Employment Law, Securities Law and Workers' Compensation for California on
Answered on Jan 21, 2019
Ronald Mahurin's answer
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.

Q: Would this business require a money transmitter license or be exempt?

1 Answer | Asked in Securities Law for California on
Answered on Jan 11, 2019
Alan Abergel's answer
You will need to retain an attorney to review your business model to determine if it is subject to FINCEN registration and regulation and/or other financial regulation. You may also be required to obtain a money transmission license from each state or country in which you conduct business and/or serve its customers. For example, California licenses and regulates its money transmitters through the Department of Business Oversight. There may be other financial (or other business industry)...

Q: I know that there are federal securities laws, but are there any that are state-specific to California that differ from

2 Answers | Asked in Securities Law for California on
Answered on Dec 11, 2018
Alan Abergel's answer
There are many California securities laws (corporations code sections and regulations) that differ from federal securities laws.

The Corporate Securities Law of 1968 regulates all offers and sales of securities in California

https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CORP&division=&title=4.&part=&chapter=&article=

California Department of Business Oversight administers and enforces the Corporate Securities Law of 1968 (including...

Q: Can they file charges of harborn fugitive or aidn & abedn if they didnt see them w/ defndnt & have no evidnce

1 Answer | Asked in Criminal Law and Securities Law for Oklahoma on
Answered on Dec 3, 2018
Keegan Kelley Harroz's answer
Anyone can be charged based upon circumstantial and direct evidence. You need to hire an experienced criminal defense attorney to represent the accused party.

Q: My broker disappeared after I discovered fraudulent misrepresentations associated with my account. Who do I sue if I

2 Answers | Asked in Securities Law for California on
Answered on Nov 20, 2018
Steve A. Buchwalter's answer
If there is wrongdoing, the brokerage firm he was associated with would be responsible.

Q: What do securities lawyers do exactly?

1 Answer | Asked in Securities Law for California on
Answered on Nov 10, 2018
Timur Akpinar's answer
They work with matters involving stocks, bonds, and other financial instruments.

Tim Akpinar

Q: I gained a lot of money when I bought in to BitCoin last summer. I want to take it out before it crashes. Do I have to

1 Answer | Asked in Securities Law and Tax Law for Florida on
Answered on Oct 29, 2018
Terrence H Thorgaard's answer
Yes, the profit is oncome. Whether it's long term capital gain or not depends upon whether by "last summer" you mean the summer of 2018 or of 2017.

Q: Can you explain what a "triggering event" is? I keep seeing the term.

1 Answer | Asked in Securities Law for California on
Answered on Oct 20, 2018
T. J. Jesky's answer
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. When you pay the vendor the price of the newspaper, the triggering event takes place, he hands the newspaper over to you.

If you don't pay your rent, the triggering event takes place, the...

Q: When does someone need to file an amended 8K? I'm a shareholder and want to know if they followed the law.

1 Answer | Asked in Securities Law for Illinois on
Answered on Oct 5, 2018
T. J. Jesky's answer
This is a good question, and somewhat difficult to give you a solid answer. Here is why. A Company is required to file a Form 8-K when a "material event" takes place. It is management's call as to what they consider material. This is also based on the size the Company. For a small company, material event can be almost any important event. For a Fortune 500 Company, the same event may not be material based on their size. It is just another day of conducting ordinary business.

As...

Q: I'm a little unclear on employee stock ownership

1 Answer | Asked in Securities Law and Employment Law for Illinois on
Answered on Sep 14, 2018
T. J. Jesky's answer
You are correct. If some one wants to give you stock, you are under no obligation to accept it. The same is true for an inheritance. You may not want to accept a property, if it includes a huge mortgage or a number of tax liens.

There must be more to this story than your comment above. There are few reasons not to accept stock; however, if the stock comes with "a hook," feel free to reject the offer.

Q: Options were about to vest but the company went into bankruptcy, what do I do?

1 Answer | Asked in Securities Law for California on
Answered on Sep 14, 2018
Steve A. Buchwalter's answer
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

Q: Found 2 original stock certificates in grandfather’s bank box . Co. is not publically traded. Son now runs the business.

1 Answer | Asked in Securities Law for Louisiana on
Answered on Sep 13, 2018
D. Alex Onstott's answer
Securities law is very complex and fact specific. The easiest way to figure out the current status of the shares is to simply contact the company and ask. Without seeing the stock papers, knowing the company's position on the stock, and reviewing the current and historical operating agreements, it is impossible to know exactly whether or not the company must honor them. However, if the value of the shares is potentially substantial, you should contact an experienced securities lawyer to...

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