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Three recent events will prove seminal in the to-be-written history of the industry and finally announce a pathway for investors and entrepreneurs, sometimes now referred to "ganjapreneurs" or "cannabusinesses." The U. S. Department of Justice has said it will not interfere with marijuana retail sales as long as all rules are followed and all taxes are paid. The U.S. Treasury Department's Financial Crimes Enforcement Network issued formal guidance to banks on how to do business with marijuana companies. The President of the United States compared marijuana to alcohol.
This monograph discusses Title III crowdfunding, new Rule 506 (c) and general solicitation, intrastate offerings, and public registrations sold to accredited investors.
Business Brokers and Securities Laws is a monograph on the vagaries of this subtle area of the law, showing the reader the way to legal finders fees.
This 42 page 6" by 9" handbook details how to open and operate a legal marijuana delivery service. It covers entity structure and formation and provides hard-to-find legal and business advice. Buyers of the guide will be given a free 2012 update with new CA law.This 42 page 5" x 8 1/2" handbook details how to open and operate a legal marijuana delivery service in 2011. It covers entity structure and formation and provides both legal and business advice. An early 2012 monograph on changes in state law is included as a free supplement. This step-by-step guide suggests best legal practices for mobile caregivers under The Compassionate Use Act (Prop 215) and the Medical Marijuana Program Act (SB 420). It also includes advice on non-profit companies and suggests how to enter into contracts with dispensaries and growers. A Stanford lawyer-authored analysis of recent Board of Equalization enforcement threats, as well as on-the-ground advice you will find no where else, is available on a subscription basis.
When raising money for a business, various securities law issues may come into play. You need to follow the rules carefully in order to preserve limited liability under the law. Both the federal exemption and the state filing usually limit the amount raised to $1 million in a one-year period. In addition, there is another option called Regulation A, subject to a different set of rules, but it allows a business to "test the waters" for interest before undertaking more formal filing actions.
The new Rule 506 changes everything. The SEC has lifted an 80-year ban on general solicitation. Start-ups for the first time can use public advertising to sell private offerings. The new Rule 506 may prove to be the answer to the prayers of star-ups frustrated with existing fund sourcing platforms. But it also has hidden dangers that will cause many issuers to continue to use the "old Rule 506" 506(b)]. Among the new Rule 506 strengths: The amount that can be raised is unlimited There is no requirement for review of the offering under any Blue Sky laws (state securities regulations) There is no review of the offering by the SEC Solicitations can be online or offline Solicitations can be made to anyone Sales (as opposed to solicitations) must be to accredited investors, and issuers must be able to verify that any actual investor is "accredited." Also, proposed rules will require issuers to send the SEC all marketing copy; as of this writing, however, there is no need to send copies of solicitation materials to the SEC (or to state regulators). Soon you will start to see: Emails asking if you might be interested in learning about investing in someone's project Videos of founders and entrepreneurs soliciting your interest in their projects Links on websites inviting you to click through to learn more about an investment Mobile apps with increasingly creative solicitation
PART ONE Chapter One: Regulation D Offerings; Now is the Time Chapter Two: EB-5 Visas: Pitfalls and Benefits of U.S. Securities Laws Chapter Three: Direct Investments versus regional centers PART TWO Chapter Four: Business Brokers Acting as Broker-Dealers and/or Underwriters Chapter Five: Brokers, Dealers and Finders Chapter Six: Purchaser Representatives PART THREE Chapter Seven: EB-5 Law and Practice Following the JOBS Act Chapter Eight: Implementing the JOBS Act
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