Startup Securities Law Basics
Provided by HG.org
When startup companies are planning on raising funds through investors outside of the business, it is important to understand securities laws and the implications of what violations and offenses could mean for the organization. This means an expert should be contacted such as a securities law lawyer.
Securities are regulated, and it is essential to know how and why. Securities arise through the selling of stock through a company. When the owner or partners create an entity and then divide it into pieces calls shares, the interests that are issued to investors are called securities. Because there are many different ways to violate the law through these items, it is crucial that the owner of the business has researched and contacted experts about these processes before committing to a path. Additionally, there are numerous conditions and clauses that should be written into the operations agreement for the company about how to handle these items for sale, the death of a shareholder and if someone needs to leave the corporation.
The entire United States has securities laws in place which are referred to as blue sky laws. There are also federal laws that govern these matters that could have additional stipulations applied. These regulations are setup so that investors are protected from instances of fraud and scammers attempting to steal monetary assets from these persons. Without securities, investments are not as likely or as easy to perpetuate with business ventures and projects. If the laws were not implemented for these matters, it would be much more difficult to protect the investors and then they would not be comfortable in investing into the startup. This would remove much needed streams of funding to create the company.
Compliance Violation Consequences
When securities laws are not complied with, any investor in the company could depart leaving complications in the wake of the situation. This means the investors that put money into the business are required to have their funds returned plus interest. This may be accomplished at any time, but it is more likely when securities laws violations occur even if it is only a technical offense. For the organization, the greater threat is that the investor may be entitled to both what money he or she put into the company but also anyone that is responsible for selling the securities for the organization in any capacity.
Unfortunately, the officers, directors, employees, vendors and other workers for a corporation or organization are not safe from this part of the law. This is one reason to take these laws seriously and ensure compliance to avoid potential disaster. When one investor leaves, it may increase the danger of others doing the same. If enough of these persons complete the same action, it could cripple the company. Even small mistakes with violations to securities laws could lead to liability. This may be possible through guidelines not followed, information not supplied and similar concerns. The end result could be the worst possible with all investors leaving and taking their money with them.
Complications and Legal Matters
While learning the basics for securities and laws governing them, it is important to understand what noncompliance and violations mean outside of the company. Some legal complications may arise if securities fraud occurs where someone misrepresents the business in transactions through these securities. This could lead to investors suing the organization as well as everyone other person involved in the incidents where fraud transpired. Both through state and federal laws the company must adhere and comply with securities laws. Most startup firms do not have the funds available to file the applications through federal and state agencies unless there are several generous investors backing the organization.
Because securities are not an easy matter to understand or apply for a startup company, these methods of interest, stock and shares of the company may be implemented after the business has some time to develop further. It is important to have a lawyer to assist with legal matters and ensure that if securities do become part of business transactions, they are protected as well as possible. This usually means extensive documentation, all disclosed information to investors, protections for the securities and all federal and state guidelines adhered to as best as possible. Additionally, the company needs to have a business lawyer on hand for these concerns. This legal professional may need to draft contracts, analyze paperwork and contact officials for the owner. It is imperative that shareholders and investors are protected to move the business forward.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.