Financial Poise

Regulatory, Audit, and Compliance

Blockchain Compliance

Blockchain & Cannabis: Investing Compliance

Whether you’re considering investing in cryptocurrencies, cannabis, businesses that leverage blockchain or the latest emerging technology, you’re ultimately considering investing in non-traditional, “alternative” investments.

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Cybersecurity Board of Directors

Cybersecurity Challenges for Boards of Directors

Directors must protect their shareholders’ tangible and intangible assets, regardless of the form of the threat. Directors need to initiate protective actions and provide on-going oversight for cybersecurity.

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company formation

Business Law Dumbed Down — Company Formation and Raising Capital

Forming a legal entity, if for no other reason to shield one’s personal assets from being at wholesale risk for the liabilities of one’s business, is critical. The question in nearly every case is not if an entity should be formed, but what type of entity should be formed.

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Will President Trump repeal the Estate Tax

Will President Trump Repeal the Estate Tax?

Will President Donald Trump repeal the Estate Tax? The truth is, thanks to the estate tax exemption, most Americans already experience a de facto repeal.

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A Few Minutes With…Adam Hirsch

Soon, Hirsch will share his thoughts on current events and legal issues in the world of commercial fraud in a new column called “(Alleged) Frauds, Fakes and Ponzis.” In this interview, Hirsch discusses his background, and why commercial fraud is a subject not easily generalized.

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U.S. Labor Department Fiduciary Rule Sets New Standard for Retirement Advice

A new rule setting limits on the advice that brokers can offer to retirement savers was released by the U.S. Labor Department Wednesday, requiring advisers to put their clients’ interest ahead of their own. This measure is expected to save Americans billions of dollars in fees while driving pro-consumer reforms of the stock brokerage, mutual fund and insurance industries, say proponents.

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Distinguishing Crowdfunding Portals and Broker-Dealer Platforms Under Title III

There are important distinctions between funding portals and broker-dealer platforms. Funding portals are a new type of intermediary created by Title III of the JOBS Act, while broker-dealers have been established market makers for many decades. A broker-dealer can be an individual or a company.

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Intrastate Equity CrowdFinancing

The Jumpstart Our Business Startups (JOBS) Act was signed into law in March 2012. Title III of the act, which legalized equity crowdfunding, could not launch until the SEC issued final rules for the operation of funding portals.Meanwhile, some states decided to get their own jumpstart going. Relying on the intrastate exemption from SEC registration, at least 24 states—led by Kansas and Georgia—have enacted legislation or promulgated regulations that allow unlimited numbers of non-accredited investors (everyone) to participate in small private securities offerings.

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Portals & Broker-Dealers

Two kinds of intermediaries may conduct Title III equity crowdfunding offerings and transactions: (1) funding portals that are not registered broker-dealers, and (2) offering platforms that are registered broker-dealers. Both kinds must be registered with the Securities and Exchange Commission (SEC).

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Title III Deal Flow

Smart entrepreneurs, some Title III crowdfunding skeptics say, do not want hundreds or thousands of unsophisticated angel investors mucking up their capitalization tables, annoying founders with questions, suggestions, job applications, and—gulp—complaints.

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