Category Archives: Securities
Rule 144, 101: Explaining The Most Common Securities Exception
There are several types of securities sold on the U.S. market, including restricted and control. Control (not ‘controlled’) securities are those held by an affiliate of the company, while restricted securities are most often offered to investors via private sales. Neither restricted nor control securities can be resold in the U.S. unless they are… Read More »
How To Spot Account Churning In Securities Law
Most people who are trusted to handle securities have what is known as a fiduciary duty to those on whose behalf they are operating. However, it is sadly not uncommon for some financial professionals to try and enrich their profiles at the expense of their clients. One common way this is done is via… Read More »
Do Cryptocurrencies Qualify As Securities?
Within the last five years or so, more and more U.S. residents have been investing money in what are known as cryptocurrencies, such as Bitcoin and Ethereum. Up until 2022, the industry was able to proceed with a minimum of regulations, but in 2023, the U.S. government is fighting back. In order to properly… Read More »
Can An Emoji Count As Financial Advice?
The world of securities and financial trading is constantly evolving, with its boundaries continually being tested and changed. In a recent New York class action lawsuit, a federal judge has ruled that in certain situations where they can only “objectively mean one thing,” emojis, of all things, can qualify as financial discourse. This, in… Read More »
Defending Against SEC Enforcement Action
The Securities and Exchange Commission (SEC) is an agency with a very wide purview, overseeing all aspects of securities law from creation to sale. What many do not know is that the SEC also has law enforcement functions, and is able to initiate investigations into companies or individual investors suspected of securities violations. If… Read More »
What Are Digital Securities?
The average person tends to think of securities as highly complex financial instruments. However, several different day-to-day items have the potential to be classified as securities, including stamps, vouchers, and tokens, whether tangible or digital. Distinguishing which digital assets may qualify as securities is a crucial part of doing business in the online marketplace…. Read More »
Defining Securities For Beginners
For a person who is building their dream business, the financial aspects often come second to the more outgoing work like building a client list. It can be a shock to find oneself in the position of planning the financial future of your company as well as its day-to-day operations, but it is just… Read More »
Securities Updates and the Coronavirus Pandemic
As the coronavirus spreads and the pandemic widens in Florida and across the U.S., the U.S. Securities and Exchange Commission (SEC) is taking steps to serve investors and funds. Since the global pandemic is an ever-evolving situation, it is difficult to say with certainty how long some of the SEC’s relief measures will remain… Read More »
What is Regulation Crowdfunding?
If you are thinking about starting a small business in Florida or have a startup, you should know about Regulation Crowdfunding. In short, Regulation Crowdfunding may allow your business to raise money without having to register with the U.S. Securities and Exchange Commission (SEC). However, there are very specific rules to Regulation Crowdfunding that… Read More »
What Are Exempt Offerings?
If you are starting a business in Florida, or if you have a company and want to offer and sell securities, you may be wondering if you will need to register with the U.S. Securities and Exchange Commission (SEC). A variety of companies may be eligible for an exemption, and thus may be able… Read More »
