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Securities Law Questions & Answers
Q: I know that there are federal securities laws, but are there any that are state-specific to California that differ from
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...
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
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.
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
Steve A. Buchwalter's answer
If there is wrongdoing, the brokerage firm he was associated with would be responsible.
If there is wrongdoing, the brokerage firm he was associated with would be responsible.
Q: What do securities lawyers do exactly?
Timur Akpinar's answer
They work with matters involving stocks, bonds, and other financial instruments.
Tim Akpinar
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
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.
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.
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...
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.
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...
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
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.
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?
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
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.
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...
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...
Q: We'd like to issue shares in our company - do all the officers need to sign off?
T. J. Jesky's answer
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 this power. Generally, shares are issued because: 1) someone provided services to the Company; 2) someone signed a subscription agreement and wants to purchase shares in the Company, the funds to the...
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 this power. Generally, shares are issued because: 1) someone provided services to the Company; 2) someone signed a subscription agreement and wants to purchase shares in the Company, the funds to the...
Q: Is it shoplifting if someone conceals a item and then pays for it at the counter
1 Answer
| Asked
in
Consumer Law, Criminal Law and Securities Law
for
Missouri
on
Answered on Sep 9, 2018
Answered on Sep 9, 2018
T. J. Jesky's answer
When you friend first concealed the item in her purse, with "intent to deprive" the store of their merchandise, she committed a theft crime, specifically, larceny. Even though she changed her mind, and returned the item, the crime was committed, due to her intent.
As far as the altercation, the store exceeded their authority. A store can only hold the suspect for a reasonable time, while they call and wait for the police. They cannot use excessive force and beat her up. She should...
When you friend first concealed the item in her purse, with "intent to deprive" the store of their merchandise, she committed a theft crime, specifically, larceny. Even though she changed her mind, and returned the item, the crime was committed, due to her intent.
As far as the altercation, the store exceeded their authority. A store can only hold the suspect for a reasonable time, while they call and wait for the police. They cannot use excessive force and beat her up. She should...
Q: How do I donate stock to a charity?
T. J. Jesky's answer
Before you donate any stock to a charity, you should check with the charity first to determine if they will accept the stock.
Once you determine, the charity will accept the stock, you need to transfer the stock into their name.
The transfer depends if you have the stock in certificate form, or if the stock is deposited with broker.
Certificate form:
On the back of the stock certificate, indicate the name of charity you plan to transfer the stock, on the back...
Before you donate any stock to a charity, you should check with the charity first to determine if they will accept the stock.
Once you determine, the charity will accept the stock, you need to transfer the stock into their name.
The transfer depends if you have the stock in certificate form, or if the stock is deposited with broker.
Certificate form:
On the back of the stock certificate, indicate the name of charity you plan to transfer the stock, on the back...
Q: I am a security officer here in the State of Florida what color lights can be displayed on my vehicle?
Terrence H Thorgaard's answer
Florida Statute 316.2397 (3) provides, in pertinent part, that
"... Vehicles owned or leased by private security agencies may show or display green and amber lights, with either color being no greater than 50 percent of the lights displayed, while the security personnel are engaged in security duties on private or public property. …"
Florida Statute 316.2397 (3) provides, in pertinent part, that
"... Vehicles owned or leased by private security agencies may show or display green and amber lights, with either color being no greater than 50 percent of the lights displayed, while the security personnel are engaged in security duties on private or public property. …"
Q: Why does a suit that was filed in state court go to Federal court? On a slip and fall, if your witness is the asst
Jedidiah "Jed" McKeehan's answer
If you have sued for over $75,000.00, and the entity you have sued has a home office location in another state, that combination of factors is the most likely reason that the case was removed to federal court.
If you have sued for over $75,000.00, and the entity you have sued has a home office location in another state, that combination of factors is the most likely reason that the case was removed to federal court.
Q: I was recently adjudicated as guilty after pleading nolo contendre in a Topeka Kansas District court case involving
Mark Oakley's answer
You need to have an experienced federal criminal defense attorney admitted to practice before the US Court of Appeals for the 10th Circuit. The attorney will do all the legal research. Most criminal defense counsel who practice in the federal courts will either handle appeals or will know others to refer you to.
You need to have an experienced federal criminal defense attorney admitted to practice before the US Court of Appeals for the 10th Circuit. The attorney will do all the legal research. Most criminal defense counsel who practice in the federal courts will either handle appeals or will know others to refer you to.
Q: What's the very first thing I should do if I have believe I have a securities claim?
Steve A. Buchwalter's answer
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.
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.
Q: Hello I have a negative balance due to a margin call with an offshore stockbroker, am I liable for the negative balance?
Camille Brooks Ibrahim's answer
Depending on the specific account guidelines and contractually binding terms will determine if a breach of contract is pursuable. If it was not contractually then you should be ok
Depending on the specific account guidelines and contractually binding terms will determine if a breach of contract is pursuable. If it was not contractually then you should be ok
Q: At a restaurant where there was an altercation between a group of friends and security guard giving a parking ticket
Juan Ooink's answer
Your friend needs to sit down with a Civil Attorney to find out if there is something here and they should do so right away.
Your friend needs to sit down with a Civil Attorney to find out if there is something here and they should do so right away.
Q: If I forward money from a Singapore entity to a US Client, would the Singapore entity need any licenses?
1 Answer
| Asked
in
Banking, Business Law, International Law and Securities Law
on
Answered on Jun 9, 2018
Answered on Jun 9, 2018
Richard Sternberg's answer
From whom? For what? It is not illegal and no licenses are required by US law to transfer money to a US entity or person, but there may be issues in Singapore or issues involving other aspects of the transaction. If I’m doubt, run the transaction past a lawyer in a consult. Often, consults can be purchased as independent services.
From whom? For what? It is not illegal and no licenses are required by US law to transfer money to a US entity or person, but there may be issues in Singapore or issues involving other aspects of the transaction. If I’m doubt, run the transaction past a lawyer in a consult. Often, consults can be purchased as independent services.
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