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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 1 year, 5 months ago

What legal aspects to keep in mind when C-corp startup uses investor broker?

California Financial Private Equity Law Securities Venture Capital in California


If you are relying upon a Regulation D exemption from registration of securities, you will need to disclose the identities of the brokers and the compensation they will receive in your Regulation D filing with the SEC. You must ensure ...

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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 1 year, 5 months ago

My company is sole owner LLC w/ 1099 contractors, & an executed friends-&-family round (convertible note). I'd like to offer equity to contractors, & we are not in financial position (i.e. we're very cash constrained) to pay for the drawing up of a company equity plan. (detail in section following)

Employee Benefits Law Private Equity Law Securities Venture Capital in Pennsylvania


Frank's advice re: not giving up equity is spot on. Given your stated circumstances and response to Frank's recommendation, you may want to consider adopting a stock option plan. This plan would provide for granting options (qualified ) to employees ...

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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 1 year, 5 months ago

Question regarding owning a single member LLC in San Francisco and owning an Indian Private company?

Corporate Securities in California


Consult with an international tax advisor. There are issues surrounding inter company services agreements, if you and any other employee of the US and Indian entity are providing service to either or both of the entities. Your salaries and benefits ...

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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 1 year, 5 months ago

Accelerating unvested stock for potential executive hire

Employment Securities in


Great answer by Attorney Jacobs.
I would only add that additional triggers for acceleration of vesting which the executive may request include a termination of employment without cause or dimunition of the executive's position, responsibilities, compensation, or benefits. To soften ...

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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 1 year, 5 months ago

Can I sue a former employer for unpaid commissions?

Employment in California


Under California law, an employer is required to pay commisssions to an employee as follows:

1. If there is a commisssion compensation contract between you and your employer, the terms of that contract will generally govern the payment of ...

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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 1 year, 6 months ago

What is the statue of limitations on a contract for money owed?

Commercial Contract in Florida


Great answer by Attorney Morgan. Here is a link to the relevant Florida statute, which ourlines the statute of limitations applicable to a list of actions.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 1 year, 8 months ago

is it possible to setup an internet funding portal for individuals to crowdfund their mortgage?

Corporate Securities in California


The SEC has not yet issued rules relating to an exemption for crowd funding. http://sec.gov/spotlight/jobsact/crowdfundingexemption.htm

Therefore, until such rules are implemented, it would be wise to refrain from establishing your portal based upon your assumption that you may qualify ...

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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 2 years ago

How do I dissolve my LLP?

Corporate Real Estate Securities in Washington


I am not admitted in the State of Washington so I can not offer advice on Washington state law. I have dissolved entities for my clients by filing articles of dissolution with the secretary of state. For those who wish ...

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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 2 years, 4 months ago

How to pay contractor if full-time student and not business entity?

California Employee Benefits Law Employment Tax in California


The IRS applies a "20 factor" test to determine if an individual is an employee or an independent contractor. Here is a link to the IRS website page which discusses that issue. http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Here is another link that may ...

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Picture of Albert B. Maggio, Jr. Albert B. answered a public question. 2 years, 6 months ago

If someone does not own a copyrighted image and does not own a license to the image as well, can the copyright owner request a cease and desist of use of that image whenever they so choose?

Copyright in New Mexico


Based upon your question, I am assuming the the image is neither a "stock image" nor in the public domain. Copyright ownership includes the right to license others to use the copyrighted work. If you do not own the copyright, ...

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