Results 26 to 50 of 67
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12-29-2017, 11:18 AM #26Karen37aGuest
https://www.sec.gov/investor/alerts/ia_solicitation.pdf
unregistered securities
***check all new rules and laws
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12-29-2017, 11:19 AM #27
- Join Date
- Mar 2015
- Location
- Boynton Beach
- Posts
- 3,493
Ryan,
If you post "my buddy is looking for equity investors" might not be illegal, but open YOU up for liability even if you are not paid in any fashion. What was mentioned in the original post here was what the investment entitles the investor which is setting price and or valuation of a security or equity investment.....without a licenses to do so is illegal.... period.Kevin Henry
VP-Business Development
Seacoast Business Funding, a division of Seacoast Bank
561-850-9346
Kevin.Henry@SeacoastBF.com
1880 N Congress Ave., Suite 404
Boynton Beach, FL 33426
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12-29-2017, 11:33 AM #28Karen37aGuest
You must file Reg D
There are exemptions and you must state certain things in the advertising ( which they are not)
Edgar data base to check to see the reg d filings https://www.sec.gov/edgar.shtml
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12-29-2017, 11:41 AM #29Karen37aGuest
Rule 506 (c) doesn’t eliminate your ability to use Rule 506 (b) to sell securities without advertising, but you cannot advertise or conduct a general solicitation under Rule 506 (c), unless you comply with the “reasonable steps to verify” provision of Rule 506 (c).
Of course, this raises the question: What constitutes “reasonable steps to verify” that someone is an “accredited investor.”
That’s another way of saying that the SEC will probably strictly enforce accredited investor verification rules and anti-fraud provisions that relate to what you say in advertising and how you say it.
advertising and general solicitations, let’s look at Rule 502 (c) which is incorporated into Rule 506 (b) offerings, but is not incorporated into Rule 506 (c) offerings.
“Neither the issuer not any person acting on its behalf shall offer or sell securities by any form of general solicitation or general advertising. . . .”
Rule 502 (c) gives examples of prohibited practices, which includes advertisements, articles notices and other communications published in any newspaper magazine, or similar media or broadcast over television or radio and any seminar or meeting whose attendees have been invited by general solicitation or general advertising. Since Rule 502 (c) pre-dates the Internet, Rule 502 (c) does not specifically mention websites and social media, but these newer media are covered by Rule 502 (c).
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12-29-2017, 11:52 AM #30
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- Jun 2017
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- 2,049
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12-29-2017, 11:52 AM #31Karen37aGuest
We learned a long time ago on wall st that you cant use traditional advertising methods "legally" to get the clients.
So we learned to pick up the phone and dial...took sales courses and honed the craft.
Good thing we are giving away money now, instead of asking for it to be sent to a stranger off a one call close. It's easier
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12-29-2017, 11:59 AM #32
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- Mar 2015
- Location
- Boynton Beach
- Posts
- 3,493
Kevin Henry
VP-Business Development
Seacoast Business Funding, a division of Seacoast Bank
561-850-9346
Kevin.Henry@SeacoastBF.com
1880 N Congress Ave., Suite 404
Boynton Beach, FL 33426
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12-29-2017, 12:04 PM #33
- Join Date
- Jun 2017
- Posts
- 2,049
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12-29-2017, 12:14 PM #34Karen37aGuest
There is Liability under general Rule 10b5 anti-fraud provisions for any person. making untrue statements. Securities are “restricted;cannot be freely resold. Intermediaries must be registered broker-dealers.
This is why people can get themselves in hot hot water...not disclosing certain things.
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12-29-2017, 12:18 PM #35Karen37aGuest
There are ways to raise capital ...advertising is limited. If you are going to do it you must disclose risks, loss of total investment etc.
like when I say
** I am not an Attorney I only play one on TV
Hedge funds/private placements are under different rules than crowdfundingLast edited by Karen37a; 12-29-2017 at 12:21 PM.
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12-29-2017, 12:22 PM #36Karen37aGuest
Last edited by Karen37a; 12-29-2017 at 12:26 PM.
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12-29-2017, 12:30 PM #37Karen37aGuest
More importantly ...one is unregulated One is regulated and you will wind up in jail or paying major restitution that follows you to the grave...you cant go bankrupt from it.
People should just stick to the rules ...stop trying to passively advertise and learn how to close live, on the spot
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12-29-2017, 01:07 PM #38
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- Jun 2017
- Posts
- 2,049
I think if someone were to say ELaine right here im interested...
AT that point you would be referred to the person making the offering, who would disclose evrything and be in compliance.
A person merely posting on a forum.... is not an issue.
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12-29-2017, 01:12 PM #39Karen37aGuest
Ryan,
You can think what you want. I do not know how they are structuring the "investment" to comment 100%. All I Know is that there is a 98% chance that they are out of compliance. And no matter what, how she wrote the "advertisement" is 100% out of compliance and illegal.
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12-29-2017, 01:14 PM #40
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- Jun 2017
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12-29-2017, 01:15 PM #41Karen37aGuest
It's like you seeing a cash advance advertisement that says "hi we are lending money at guaranteed rates" 3-5 years low interest.
That's how I see that ad for investments, with my imaginary securities background and compliance officer background.
And the person who posts it is liable
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12-29-2017, 01:22 PM #42Karen37aGuest
This is also why some people nicely said it was out of compliance etc and got rude responses. They see it too coming from a securities background and being licensed.
Sorry to burst peoples bubble. You cant advertise that way and I will not teach people how. Seek out an investment banker or hedge fund or a lawyer
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12-29-2017, 01:46 PM #43Karen37aGuest
I'm laughing here. You having me spit out codes and laws like Sheldon from the big bang theory. ( yearly compliance exams and bi-yearly..12 of them simultaneously. I do not miss regulations)
Section 101010 subsection a, subsection d, in binary code translated into hexadecimal back to dewy decimal, translated into Latin then English states that
4 score and 7 years ago our fathers...
Happy New Year everyone !! See you next year it will be a BIG one...$$$
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12-29-2017, 02:06 PM #44
- Join Date
- Jul 2015
- Posts
- 1,202
Good to see Google is operating today.
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12-29-2017, 02:10 PM #45Karen37aGuest
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12-29-2017, 02:11 PM #46Karen37aGuest
Wait I know the answer " they graduated from dialing clients a long time ago"...now they use osmosis.
Happy New year to you too HDFLast edited by Karen37a; 12-29-2017 at 02:13 PM. Reason: waving **
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12-29-2017, 02:23 PM #47
- Join Date
- Oct 2016
- Posts
- 4,318
Stop causing trouble, Karen.
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12-29-2017, 02:27 PM #48Karen37aGuest
"osmosis fding" ...we wish for capital and it appears...then we wish for a marketing plan of automatic people who run into the office yelling "I need an advance by Friday, I have a 750 credit score, 3 years tax returns and make 300k a month...no outstanding advances"
please do not have the cronies come out of the woodwork to tell me how I do not know the newfangled ways to get merchants and that I am al capone.
Seriously people can just correct and start again...
See you next year ****Last edited by Karen37a; 12-29-2017 at 02:39 PM. Reason: changed names incase that company exists
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12-29-2017, 04:18 PM #49
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12-29-2017, 04:36 PM #50
- Join Date
- Oct 2016
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