Securities Law Questions & Answers by State

Securities Law Questions & Answers

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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Q: Is it illegal to hack into someone's Twitter account without the owner knowing ? And if so what are the penalties

1 Answer | Asked in Criminal Law and Securities Law for Texas on
Answered on Jul 17, 2017

Yes it is illegal, see the Texas Penal Code Chapter 7, Section 33. The penalties for computer crimes are of a wide variety depending on the nature and seriousness of the crime committed. For the breach of computer security (i.e. gaining access to a computer without the consent of the owner), the penalty may range all the way from a "Class B" misdemeanor (up to 180 days in a county jail and/or a fine of up to $2,000) up to a first degree felony (five to 99 years in a state prison and/or a fine...
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Q: 30 day rule of security deposit. I moved out on May 31st they sent me a letter on June 29th didn't receive til 7/3

1 Answer | Asked in Securities Law and Landlord - Tenant for Massachusetts on
Answered on Jul 14, 2017

Have they refunded you? If not, did they provide reasons and invoices for repairs in writing? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Does a brokerage firm have a right to deny my application to open a cash brokerage account? (please provide references)

1 Answer | Asked in Securities Law for New York on
Answered on Jul 14, 2017

For what reason? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: Can my friend regain control of his own money?

1 Answer | Asked in Family Law, Estate Planning and Securities Law for Connecticut on
Answered on Jul 12, 2017

This question requires much more information to give a good answer. 1. it depends what type of trust. is it revocable, irrevocable, is it a special needs trust? 2. is your friend on government benefits? if so he would not want to have control over the assets as he would likely be disqualified from certain government benefits he is receiving. 3. is there a successor trustee appointed for the trust? If so, would he like them better? 4. is there a reason brother is being "cheap"? Possibly to avoid...

Q: If a person commits the crime of "hindering a secured creditor" but the value is greater than $999.

1 Answer | Asked in Business Law, Contracts, Securities Law and Criminal Law for Tennessee on
Answered on Jul 11, 2017

Sorry, but your question is unclear- hindering a secured creditor is a class "E" felony. Some theft offenses are graded according to the value - in some situations under $500 or $1,000 could be a misdemeanor. However, this code section says its a felony. If you have not already done so, report the offense to the police and help the District attorney prosecute the offender. Consider speaking to an attorney to give you advice on possible civil remedies.
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Q: Can a person in the process of getting their greencard travel within the states?

2 Answers | Asked in Immigration Law, Juvenile Law and Securities Law for Texas on
Answered on Jun 28, 2017

Under what section of the law is this student entitled to get a green card? Your question does not show that he is eligible for one at all. Even if he is, merely filing for a green card does not confer any legal status in the United States unless the applicant is in this country with some other legal status. If the young man does not have any legal status and US immigration officers see a letter from a judge saying that it would not be in his best interests to be sent back to Mexico, the letter...
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Q: Can people be removed from a TOD annuity account?

1 Answer | Asked in Estate Planning, Banking and Securities Law for Arizona on
Answered on Jun 22, 2017

Assuming this was done as a way to name beneficiaries, and also assuming the owner is of sufficiently sound mind to make such a decision, of course.

If it is a trust account based on a document, you can't just change the designation at the broker but you have to also change the trust.

If there is the slightest hint of undue influence or duress however, this can get tricky. I'd advise consulting with a local attorney if there are any doubts whatsoever, or if the stock account...
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Q: Working with an employer on H1b (work) visa. Not allowed to work with other employers. How can I register as reg. rep?

1 Answer | Asked in Immigration Law and Securities Law for California on
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 strategies would work only if there is a real employer-employee relationship. .
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Q: Does a broker have to - by law - submit a commission statement or similar invoice in order to receive their commission?

1 Answer | Asked in Real Estate Law, Business Law and Securities Law for New York on
Answered on Jun 12, 2017

I am not aware of any law requiring a commission statement, however just about every closing I have handled, literally hundreds, the broker has almost always created a memorandum of sale at the outset which delineates the parties, price, and terms of the deal and then prior to closing the broker or broker's send an invoice to notify the buyer / seller's attorney how much is owed and how to make the check out. Considering the small amount of time and effort it takes to put together an invoice /...
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