Everand Logo

Welcome to Everand!

  • Discover millions of ebooks, audiobooks, and so much more with a free trial

    Only $11.99/month after trial. Cancel anytime.

    EB-5 and U.S. Securities Law
    EB-5 and U.S. Securities Law
    EB-5 and U.S. Securities Law
    Ebook67 pages48 minutes

    EB-5 and U.S. Securities Law

    By Private Placement Handbook Series

    ()

    Read preview

    About this ebook

    The SEC's new rules under the JOBS Act will change the practice of law relating to EB-5 offerings. Regional centers and other EB-5 issuers (“direct investments”) will have more latitude with respect to general solicitations and general advertisements. However, the effort and cost to comply with securities law will increase significantly due to the “reasonable steps” requirement. Proof of “reasonable steps" taken to verify accredited investor status will now be a condition to the availability of the exemption under Rule 506 (c). Lawyers working in this field will need some familiarity with both securities law and EB-5 law.

    LanguageEnglish
    PublisherPrivate Placement Handbook Series
    Release dateSep 23, 2014
    ISBN9781311277572
    EB-5 and U.S. Securities Law
    Author

    Private Placement Handbook Series

    After getting a JD from Stanford Law School, a MA from the University of Chicago, a diploma from the University College London, and working as a reporter for The Wall Street Journal, Doug was a member of the California bar for 40 years, during which time he founded a series of law reporting services now owned by Thomson-Reuters. Doug specializes in debt and equity crowdfunding. He helps small business identify and solicit sources of private equity. Doug monitors a LinkedIn discussion group, State Securities Regulation, with 1500 members. Connect with Douglas Slain: LinkedIn: http://linkedin.com/in/douglasslain Facebook: http://facebook.com/douglas.slain Twitter: https://twitter.com/exemptofferings Blog: http://www.privateplacementadvisors.com/apps/blog Web site: http://privateplacementadvisors.com

    Read more from Private Placement Handbook Series

    Related to EB-5 and U.S. Securities Law

    Related ebooks

    Law For You

    View More
    View More

    Related podcast episodes

    Related articles

    • Article

      An Overview of Self-Directed IRAs: Basics for Investors

      Dec 7, 2020

      Traditional IRAs have been around for 46 years, with the enabling legislation passed by Congress in 1974! Roth IRAs started in 1997 as part of the far-reaching Taxpayer Relief Act of that year. Over time many of the rules and requirements have been m

      2 min read

    • Article

      How to Avoid Being Robbed Blind After You Die

      Jul 16, 2018

      In February 2018, prominent NYC attorney Steven Etkind was arrested on charges of embezzling millions of dollars from a deceased client's estate. The client's will directed the creation of charitable trusts (of which Etkind served as co-trustee), fun

      5 min read

    • Article

      The Use Of Trusts For Business And Trading

      May 15, 2021

      BANKRUPTCIES in South Africa averaged 229 companies a month from 1980 until 2020. In August last year, an all-time high of 511 companies declared bankruptcy, compared to the record low of 63 companies in May 1988. The projected bankruptcies for 2021

      3 min read

    • Article

      What’s a DST? The Lowdown for Real Estate Investors

      May 22, 2022

      DSTs are unique real estate investment vehicles that allow a group of individual investors to purchase fractional interests in large commercial real estate assets that typically would be well beyond their financial reach as solo investors. DST invest

      3 min read

    • Article

      Can You Just Walk Away from a Debt-Riddled Business and Start Fresh?

      May 28, 2020

      In the wake of the coronavirus shutdown, many business owners are under immense financial stress caused by the economic impact of a nearly worldwide standstill. Some may be in or at risk of breach or default. Creditors may be jockeying for payment an

      7 min read

    • Article

      Own a Gun? Careful: You Might Need a Gun Trust

      Feb 6, 2019

      If you're not a gun collector, you likely haven't heard the term "gun trust." Even if you are, you may not understand what a gun trust is, how it works or how it can be of use in an estate plan. A gun trust is the generic name for a revocable or irr

      4 min read

    • Article

      Don’t Assume A Trustee Has The Board’s Authority To Act

      Nov 21, 2020

      OUTSIDE parties that deal with a trust often assume the trustees have both the authority and capacity to enter into transactions binding the trust. If trustees have not ensured that these requirements are met, to what extent can these outside parties

      3 min read

    • Article

      Are You Ready for Longevity? 4 Steps to Take Now

      Aug 13, 2018

      Did you know that a non-smoking 65-year-old woman today has a 50% chance of living until 88? A non-smoking 65-year-old man has a 50% chance of living until 85? That's how life expectancy works - the longer you live, the more likely you will live lon

      4 min read

    • Article

      To Trust Or Not To Trust

      Aug 1, 2019

      To Trust Or Not To Trust
      6 min read

    • Article

      SEC Investigates Cryptocurrency Offerings

      Mar 1, 2018

      The Securities and Exchange Commission has sent dozens of subpoenas in recent months to cryptocurrency companies that promote "initial coin offerings."

      1 min read

    • Article

      What To Consider When A Trust Is Involved In Legal Action

      Oct 17, 2020

      ANY LEGAL action by a trust must be properly brought in the names of the trustees. Since a trust is not a person and cannot act, when litigation is initiated the action must be brought (or defended) by its trustees. Although it is desirable to cite t

      3 min read

    • Article

      Trustees Are Accountable To The Master Of The High Court

      Jan 16, 2021

      A TRUSTEE of a trust is accountable at all times to the Master of the High Court and to beneficiaries. If trustees’ actions (a single or multiple trustees) contravene either the provisions of the Trust Property Control Act or the trust instrument, th

      3 min read

    • Article

      Devil In The Detail

      Mar 1, 2023

      Devil In The Detail
      2 min read

    • Article

      Rights And Responsibilities

      Jan 27, 2020

      Joseph Millum is an ethicist at The Department of Bioethics at the National Institutes of Health in the US. Millum received his undergraduate degree from Edinburgh University and his PhD in philosophy from the University of Toronto. His current resea

      11 min read

    • Article

      Generation-Skipping Transfer Tax Basics

      Oct 22, 2021

      If you have ever sought the advice of an estate planning professional, you’ve probably heard of the generation-skipping transfer tax (GSTT). It is likely that you and your descendants will not be subjected to this tax — either due to the $11.7 millio

      4 min read

    • Article

      There’s A Bond For That

      Apr 6, 2021

      There’s A Bond For That
      2 min read

    • Article

      Busting Trust Myths

      Sep 3, 2020

      “Trust busting” is the term often used to describe instances where a court finds in favour of a claimant trying to access trust assets. Here, though, I do not want to talk about “trust busting”. Instead I want to bust some trust myths. There has been

      2 min read

    • Article

      Why Do I Need a Trust?

      Aug 31, 2022

      There are some simple estate planning techniques that you can use, such as adding beneficiaries to your retirement accounts or adding transfer on death (TOD) designations to after-tax accounts. When you pass away these assets will avoid probate and c

      3 min read

    • Article

      Choosing The Right Property Manager

      Aug 1, 2019

      The guiding legislation around residential property management is primarily the Residential Tenancies Act 1986. But that’s not the only legislation landlords need to be aware of when it comes to renting out their properties. The likes of the Human Ri

      3 min read

    • Article

      Alaska Court Just KO'd Domestic Asset Protection Trusts

      Mar 9, 2018

      Over 15 million lawsuits are filed in the U.S. each year, so protecting your assets from a financially ruinous lawsuit has never been more important. But one common way of doing that -- a domestic asset protection trust (DAPT) -- just took a big hit

      3 min read

    • Article

      Are Debt Collectors Overcharging You? How to Protect Yourself

      Aug 25, 2022

      It’s tough enough trying to get ahead of a debt that’s gone to collection; it’s worse when a debt collector piles on fees, charging you extra to give them money. Yep, that’s right. According to federal officials, some debt collectors charge consumers

      3 min read

    • Article

      Quick Cash When You Need It Most

      May 15, 2020

      Quick Cash When You Need It Most
      7 min read

    • Article

      Trapped by Capital Gains? Opportunity Zone Funds Provide a Way Out

      Nov 29, 2019

      It's tough to think of a highly appreciated asset as the problem child in a portfolio. The goal is to choose investments that will flourish, after all. And those strong performers are typically the ones you love best and hold onto the longest. But t

      2 min read

    • Article

      Vigilante Bank Collections

      Aug 22, 2022

      Vigilante Bank Collections
      7 min read

    • Article

      Trustees Are Accountable To The Master Of The High Court

      Jan 16, 2021

      A TRUSTEE of a trust is accountable at all times to the Master of the High Court and to beneficiaries. If trustees’ actions (a single or multiple trustees) contravene either the provisions of the Trust Property Control Act or the trust instrument, th

      3 min read

    • Article

      How To Add Treasury Bonds, Bills And Notes To An IRA

      May 16, 2019

      [Question]Can you purchase Treasury securities for an IRA directly from the U.S. Treasury through TreasuryDirect? How can you add them to an IRA? [Answer]TreasuryDirect.gov is intended as a way for individuals to buy securities from the Treasury and

      1 min read

    • Article

      What Trustees Should Know About Property Transactions

      Apr 17, 2021

      UNDER the Alienation of Land Act, any deed of sale of immovable property has to be in writing, and the parties thereto or their agents have to be legally authorised to act at the time of signing of the contract. Section 2(1) of the act provides that

      4 min read

    Related categories

    Reviews for EB-5 and U.S. Securities Law

    0 ratings

    0 ratings0 reviews

    What did you think?

    Tap to rate

    Review must be at least 10 words

      Book preview

      EB-5 and U.S. Securities Law - Private Placement Handbook Series

      EB-5 AND U.S. SECURITIES LAW

      Douglas Slain

      ~~~

      Smashwords Edition

      Copyright © Litigation Research Group 2013

      Publisher: Litigation Research Group

      Smashwords Edition, License Notes

      This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.

      TABLE OF CONTENTS

      About the author

      PART ONE

      1. Regulation D Offerings: Now is the Time

      2. EB-5 Visas: Pitfalls and Benefits of U.S. Securities Laws

      3. Direct Investments v. Regional Centers

      PART TWO

      4. Business Brokers Acting as Broker-Dealers

      5. Brokers, Dealers and Finders

      6. Purchaser Representatives

      PART THREE

      7. EB-5 Law and Practice Following the JOBS Act

      8. Implementing the JOBS Act with Changes to Rule 506

      PART FOUR

      9. The Regulation S Safe Harbor

      10. Sample Regulation S Website Disclaimer Language

      About the author

      Web sites and blogs that Douglas Slain has managed for the last several years include PrivatePlacementAdvisors.com, RegDConsumersReport.com and RegDLaw.com. Books he has written include Real Estate Blind Pools, Delivery Services, and EB-5 and U.S. Securities Law. Doug is the manager of a LinkedIn discussion group focusing on state securities enforcement and private placement law with over 950 members, styled Securities Enforcement Group/Securities Enforcement Law. He is available as an expert witness in litigation involving compliance with Regulation D and private placement law.

      Doug was the founding editor and long term publisher of Insurance Litigation Reporter, Professional Liability Reporter, Medical Liability Reporter, and Construction Litigation Reporter, titles now published by Thomson-Reuters. He was the founding editor of Securities Enforcement Reporter and Blue Sky Chronicle. His first job out of college was as a reporter for The Wall Street Journal.

      Doug practiced real estate and finance law at Pillsbury, Madison & Sutro (now Pillsbury Winthrop) after Stanford Law School. He served as a rule of law consultant to the Ministry of Economy for the Republic of Latvia as its secured transactions adviser. He taught at Stanford Law School as an adjunct clinical law professor. He also served as chairman of the American Bar Association’s Professional Responsibility Committee for two terms.

      Doug initiated (and associated with Lieff Cabraser Heimann & Bernstein) a class action against Fund America, where $37 million was recovered 10 months after the class was certified. He was also the lead plaintiff’s lawyer in the largest consumer class action filed against the infamous WorldCom before its demise.

      Doug received a JD from Stanford Law School, a MA from the University of Chicago, a BA from DePauw University, a diploma from University College London, and a certificate from the Goethe Institute.

      He can be reached by email at doug.slain@gmail.com or via Skype at dslain2134.

      PART ONE

      Chapter One: Regulation D Offerings: Now is the Time

      $1 trillion/Annum Set to Increase to At Least $2 trillion

      Proceeds from Regulation D private offerings have totaled almost $1 trillion in recent years despite a regulatory scheme that prohibited the use of general solicitation or general advertising. Now that regulatory scheme is set to change dramatically, and up to $2 trillion per year is possible within a few years.

      Section 201(a) (1) of the JOBS Act directs the SEC to modify Rule 506 under Regulation D to remove the general solicitation prohibition in offerings where all investors are accredited investors.

      The new rule provides a securities registration exemption for private offerings that use general solicitation or general advertising, provided all purchasers are accredited investors and reasonable steps to verify accredited investor status are

      Enjoying the preview?
      Page 1 of 1