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Kim Kardashian Charged With Violation of Securities Laws

In a press release (#2002-183), issued by the Securities and Exchange Commission (SEC) on October 2, 2022: The SEC announced charges against celebrity Kim Kardashian for promoting a crypto asset security on social media without disclosing that she was paid $250,000 to...

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‘Eviction Cloud’ Expected to Have Nationwide Fallout

An “eviction cloud” that is likely to have dramatic impact not only on tenants but also rental property owners hangs over Florida, as described in a recent entry on the Business Law Section Blog of the Florida Bar.[1] But investors and property owners throughout the...

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Apartment Sector Could See a Sell-Off During Q1-Q2 2020

As the 2020 presidential election looms, apartment sales could take off during the first half of the year. Given that a new advisory study released by the National Apartment Association (NAA) and the National Multifamily Housing Council (NMHC) indicates a “significant...

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How to Stay Enthusiastic All the Time

How to Stay Enthusiastic All the Time

The following is a guest post from Vinney (Smile) Chopra, a seasoned multifamily investor, syndicator and educator: In multifamily investing, it helps to stay active, enthusiastic and happy all the time! Why? Well, it’s because positivity attracts success. If we train...

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Why You Should Worry About Blue Sky Filings

Why You Should Worry About Blue Sky Filings

The following is a guest post by Chris Rohde, associate corporate counsel at WealthForge. WealthForge Holdings, Inc., is a diversified financial services company focused on providing private investment solutions to its customers. WealthForge Holdings, Inc. includes...

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Exhaustive Study Gives Real Estate the Edge

Exhaustive Study Gives Real Estate the Edge

Considering the recent volatility of the stock market, the findings of a recent report from the Federal Reserve Bank of San Francisco are particularly apropos. The exhaustive study gives real estate the edge over stocks when it comes to long-term investment...

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Get a Coach to Guide and Cheer You to Success in 2018

Get a Coach to Guide and Cheer You to Success in 2018

What’s holding you back from making 2018 the year you go all in and become a syndicator? Is one of these getting in your way: A lack of deal flow Lack of knowledge Lack of confidence Lack of investors If you want to get past these or other barriers this year, my best...

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When are Limited Liability Company Interests a Security?

When are Limited Liability Company Interests a Security?

In our conversations with clients, we often are asked, "When are limited liability company interests a security?" Section 2(a)(1) of the Securities Act defines the term “security” as follows: "The term ‘security’ means any note, stock, treasury stock, security future,...

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Ever Wonder Where the Howey Test Came From?

Ever Wonder Where the Howey Test Came From?

Many of our articles and blog posts make reference to the four-pronged Howey Test, which does exist — we don't make this stuff up! — dating to 1946. Here is the written decision, as issued by the U.S. Supreme Court: United States Supreme Court SECURITIES AND EXCHANGE...

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A Kinder, Gentler and Leaner SEC May Be in the Offing

A Kinder, Gentler and Leaner SEC May Be in the Offing

The SEC may be moving away from pursuing admissions of guilt by companies as a condition of settling certain fraud cases, according to a Sept. 26, 2017, article in the Wall Street Journal. A kinder, gentler and leaner SEC? The article cited a statement by Steven...

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What Investors Want

What Investors Want

What types of commercial properties are most available for investors? Based on our unscientific (but nevertheless educated) poll of several crowdfunding and investing sites, investors prefer value-add specified offerings with targeted IRR settling mostly in the...

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Going Paperless – Part 2

Going Paperless – Part 2

(This is another in our continuing series of posts with insight into how our office is going paperless - and so can yours!) Did you ever wonder how to maintain the record-keeping system the SEC requires you have to prove you had pre-existing relationships with...

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Securities Misconceptions Explained

Securities Misconceptions Explained

Are you operating under misconceptions? As a securities attorney, I hear lots of misconceptions from people who think they are NOT selling securities because: “I only have one investor.” Or, “I'm  raising less than a million dollars.” Or, “I have less than 35...

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Are You Confident Your Marketing Practices are Legal?

Are You Confident Your Marketing Practices are Legal?

Guest Post By Tim Boykin / WealthForge Two cases from earlier this year once again highlight the importance of following the broker registration requirement under Rule 15(a) of the Exchange Act.  Rule 15(a) requires registration for a party engaged in the...

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Does Your LLC Need a Business License?

Does Your LLC Need a Business License?

So you’ve formed a limited liability company (LLC) for your real estate syndication business. Do you need a business license, too? Do you need to register with the state tax authority, as well? The article at the attached link from "The Hartford: Small Biz Ahead...

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Can I Just Use a Promissory Note?

Can I Just Use a Promissory Note?

I frequently get asked the following questions: “Can I just use a promissory note for investors?” or, “Can I just use an LLC Operating Agreement?” The answer is yes, but … Notes and passive LLC interests are securities. To sell them legally, you still...

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8 Questions to Ask Before Hiring a Securities Attorney

8 Questions to Ask Before Hiring a Securities Attorney

Are you hiring the right attorney for your securities offering? When interviewing a firm to see if it meets your needs, the first step is to ask the right questions. Here are eight questions that you should ask before hiring a securities attorney. This article will...

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