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Securities Law Questions & Answers
1 Answer | Asked in Securities Law for Florida on
Q: Can a private company be its own secondary market? I.E., hold monies collected for stock in escrow in the event holders.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 14, 2021

Please see my answer to this question posted earlier on AVVO.

1 Answer | Asked in Securities Law for Georgia on
Q: Two people were in my house and recorded an audio altercation we had without my consent or knowledge. Is this legal?
Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

Georgia is known as a single party consent state. That means that as long as one person in the conversation is aware it is being recorded then it is a proper and legal recording. There are States like Florida which require all parties know and consent to the recording.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Securities Law for Georgia on
Q: I have a levy on my house in Georgia by a person I have never entered into a contract with. Can I file a restraining

To prevent anymore interference on his part to make him stop interfering in my contract that he has already made a mess of. He was told in Dec2020 that he is not part of our real estate contract and not to attempt to speak on our buyers behalf. I do not know this person and he has now levied my... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 5, 2021

Restraining him won't resolve the lien. Meet with an attorney to discuss the actual situation and allow the attorney to ask questions. Only in this way will you find a way through your problems.

1 Answer | Asked in Business Law, Legal Malpractice, Securities Law and Small Claims for North Carolina on
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t..

We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 17, 2021

You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.

1 Answer | Asked in Securities Law for New York on
Q: Can I do royalties crowdfunding (profit sharing) for only a single property inside the company (LLC)?

We are a holdings company with many daughter-brands, each an independent venture, but only the holdings company is a registered LLC. We’d like to sell royalties (percentage of the profit) from these ventures in a crowdfunding campaign. Is that legal?

Michael Gilman
Michael Gilman answered on Jul 6, 2021

Selling royalties to passive investors takes you into the realm of securities regulation, and this would have to be a registered offering or have an exemption from registration. For crowd funding, most offerings will utilize 506(c) which allows general solicitation but requires investors to be... Read more »

1 Answer | Asked in Business Law, Securities Law and Stockbroker Fraud for New Jersey on
Q: Can an execution-only company operate without a broker license? Handling the execution of copying securities trades
Leonard R. Boyer
Leonard R. Boyer answered on Jun 23, 2021

There is no legal trading of any securities without a valid license for the appropriate security. If you do not have the right license for example to trade futures, and you do, then you have a serious problem. Don't do it!

1 Answer | Asked in Criminal Law, Civil Rights and Securities Law for New Hampshire on
Q: Is the use of handcuffs or other restraint devices by security officers/guards allowed for detainment in NH

to control a combative/ assaultive individual who has or attempted to cause physical bodily harm to the guard/ officer or on another person. or is in the act of destruction of property where the security guard/officer is there to protect?

Leonard D. Harden
Leonard D. Harden answered on Jun 18, 2021

A security guard is authorized to use the same degree of force as anyone else. In other words being a security guard means that a person may use force that is reasonable to protect a person or property. Handcuffs do not require a license and are not considered deadly force. If a security person... Read more »

2 Answers | Asked in Personal Injury, Domestic Violence, Native American Law and Securities Law for California on
Q: Dose pachanga security have a right to put their hands on me due to haveing no I'd on my person far from 21 , 43?

Wasn't in casino took dog out to potty security approached ?about my Id in witch I had none boyfriend did .I was demanded to leave in a direction I did know at all I explained I'm not going that way and I'm going back inside to buy breakfast and then I was going to leave I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

Contact a member of the Consumer Attorneys of California (CAOC)--they give free consults. It's possible you have a case though I'm not sure if it is likely to cover the costs of bringing it.

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2 Answers | Asked in Estate Planning and Securities Law for Nevada on
Q: Do the State Courts have power to compel the company to lift restrictions on its stock?

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... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 30, 2021

The answer to your question is most likely no. Corporations are subject to very strict laws regarding the issuance of stock to non-insiders. Public offerings are extremely expensive. Even private offerings must be done in accordance with strict rules requiring certain minimum disclosures and... Read more »

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1 Answer | Asked in Securities Law for Texas on
Q: Can non-accredited investor, invest in a private fund registered under Rule 506(c) offering by forming an LLC?

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?

Robert W. Pearce
Robert W. Pearce 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!!

1 Answer | Asked in Securities Law and Social Security for Louisiana on
Q: I think I have an investigation with the social security disability administration against me and I am on parole I am to

See how I can go about resolving this where I dont go to jail

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 10, 2021

If you believe you are under investigation for fraud by the Social Security Administration then you need to consult with a criminal law attorney who is experienced with federal fraud cases. They will be able to help you determine if you are actually under investigation and can advise you about... Read more »

1 Answer | Asked in Securities Law and Landlord - Tenant for Virginia on
Q: I live in an apartment complex. A neighbor recently installed video cameras. He installed not for security but to spy.

He had them facing are building and was told by management to face them in common area and that he could not have cameras on the outside. He took it down but hide it on his balcony in a wreath on that he hung on the storage closet door. He is using them to tattle on anyone walking their dog that... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 8, 2021

If you feel strongly about this issue, you can bring a lawsuit against the neighbor in the court in which the premises is located.

1 Answer | Asked in Criminal Law, Civil Litigation, Securities Law and Stockbroker Fraud for New York on
Q: Do I have civil or criminal liability if I unknowingly referred someone to an investment that turned out to be a scam?

The person I referred lost money. I did not receive any money from the person I referred or the investor.

Tim Akpinar
Tim Akpinar answered on Mar 26, 2021

There are attorneys on this board who are knowledgeable in securities-related matters who could best advise, but your post remains open for two weeks. As a GENERAL premise, for someone to be liable for scamming or defrauding someone, it usually has to be shown that they had an intent to deceive or... Read more »

1 Answer | Asked in Construction Law, Education Law and Securities Law for Ohio on
Q: Can I ask my school for building blueprints?

Using for a project but they denied my request because they said it violates security protocols.

Matthew Williams
Matthew Williams answered on Mar 10, 2021

Sure, you're allowed to ask, and they are allowed to say no.

1 Answer | Asked in Securities Law for Oklahoma on
Q: What is the citation for securities offered and sold within Alaska being exempt from federal securities registration?

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)?

Robert W. Pearce
Robert W. Pearce answered on Mar 9, 2021

Read 45.56.100, 45.56.110, and 45.56.120

1 Answer | Asked in Securities Law for Oklahoma on
Q: In what circumstances can securities be exempt from registration when being offered and sold within Alaska?
Robert W. Pearce
Robert W. Pearce 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.

1 Answer | Asked in Securities Law for Texas on
Q: Is Puerto Rico outside the United States? An annuity investment I have will not pay if I am "outside the United States
Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

Contrary to popular belief, Puerto Rico IS part of the US, even though it's not a state. It's a US territory, and you don't even need a passport to travel to and from there from any other part of the country.

1 Answer | Asked in Real Estate Law, Construction Law, Public Benefits and Securities Law on
Q: suppose if a building collapses ,and the building have 10 flats aand 10 owners, who will pay back the loss
Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

The answer to this question could depend on a number of factors. A geographic region was not included, but that would normally be relevant in terms of applicable state laws for zoning, building codes, fire safety, and areas. In general, some of the factors could include liability (who caused the... Read more »

1 Answer | Asked in Securities Law on
Q: Is a financial planner required to do a written yearly review of his client’s profile?

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.

Robert W. Pearce
Robert W. Pearce 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... Read more »

1 Answer | Asked in Bankruptcy, Contracts and Securities Law on
Q: If my lawyer wants to dismiss chpt13 and file chpt 7 Do most lawyers disclose their fees in chapter 7 from chapter 13.?

Im on furlough been a year , lawyers saids can pay fees after I start working , Fees from start of chapter 13 is written accumulated fees during chapter 13 not written total yet Must a lawyer show their fees from after dismissing chapter 13 and than lawyer will file chapter 7 , Not... Read more »

Timothy Denison
Timothy Denison answered on Feb 15, 2021

Yes. They must disclose their fees in every petition or action that they file.

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