Michael Waddington, an expert court martial lawyer, wrote article entitled “Courts Martial: Process and Procedure.”
Evans, GA -- (ArriveNet - Aug 17, 2007) -- Michael Waddington, a criminal defense lawyer and a partner in the Evans, GA law firm Gonzalez & Waddington, LLC, was selected to write an article for the June-July 2007 edition of the New Jersey Lawyer Magazine. Waddington, an expert court martial lawyer, wrote an article entitled “Courts Martial: Process and Procedure.”
The New Jersey Lawyer Magazine is the official magazine of the New Jersey State Bar Association. The magazine is read by thousands of lawyers, judges, and lawmakers across New Jersey and the United States. The June-July 2007 edition was the first-ever devoted entirely to Military Law.
Waddington’s article discussed the history of the modern American court martial, which dates back to Roman times. The article gave an overview of court martial practice and procedure as well as advice for practice before a military trial court.
“It was an honor to be asked to write on such an important and comprehensive topic. Due to the operational tempo and deployments of the United States military since 9/11, many New Jersey lawyers are being confronted with military legal issues. To assist and educate, I attempted to make the article an informative and useful reference tool. We included 55 references with specific legal citations so that readers could quickly find additional information on the topics discussed” Waddington said.
Waddington was told by the Magazine’s editorial staff that the first ever Military Law edition was a tremendous success.
Michael Waddington is a court martial defense lawyer defending military personnel worldwide. He is a partner in the law firm Gonzalez & Waddington, LLC. He has defended numerous high profile military cases arising from the War on Terror and has been reported on and quoted by hundreds of major media sources worldwide. For more information, call the firm at 706-821-2222 or visit www.ucmjdefense.com.
http://press.arrivenet.com/business/article.php/1013701.html
Saturday, September 1, 2007
Divorce Lawyer
Not every divorce lawyer is the same. A divorce lawyer that will take the necessary time to listen is a divorce lawyer that you should consider.
Ask for referrals when seeking a divorce lawyer. A friend, family member or trusted advisor may be able to recommend an exceptional divorce lawyer.
When looking to hire a divorce lawyer, make sure that the divorce lawyer that you are pursuing has years of experience handling divorce law cases.
It is easy to find just any Chicago divorce lawyer. It is quite a different story to find a quality Chicago divorce lawyer. Importantly, the divorce lawyer that you choose can make a tremendous impact on the success of your case.
Annulment, Illinois divorce lawyer, family law, Illinois divorce law, uncontested divorce, how to get a divorce, joint parenting agreement, marital settlement agreement Illinois, no fault divorce, annulment,
http://www.divorce-lawyers-chicago.com/divorce_lawyer.php
Ask for referrals when seeking a divorce lawyer. A friend, family member or trusted advisor may be able to recommend an exceptional divorce lawyer.
When looking to hire a divorce lawyer, make sure that the divorce lawyer that you are pursuing has years of experience handling divorce law cases.
It is easy to find just any Chicago divorce lawyer. It is quite a different story to find a quality Chicago divorce lawyer. Importantly, the divorce lawyer that you choose can make a tremendous impact on the success of your case.
Annulment, Illinois divorce lawyer, family law, Illinois divorce law, uncontested divorce, how to get a divorce, joint parenting agreement, marital settlement agreement Illinois, no fault divorce, annulment,
http://www.divorce-lawyers-chicago.com/divorce_lawyer.php
Thursday, August 30, 2007
The Role of a Connecticut Real Estate Lawyer
A Connecticut Real estate attorney must and at all times, make sure that the client has willingly firm and determined legally the rights to what concerns the client’s wants in a real estate situation. This includes the broad and extensive range of real estate asset types.
Moreover, a real estate lawyer should comprehend and be aware of the methods to obtain, communicate, portray and acquire each of the very huge number of classes and groups of real estate types. And of course, be able to advice a client which is possibly the most creative and financially beneficial.
A newcomer to real estate investing should learn the basic principles as well as the income tax treatment of real estate. This is also because there are many tax consequences and conflicts (either good or bad) that are often encountered in real estate ownership under several tax laws. Having high-quality legal work in the real estate practice area both shelters and adjoins outstanding value to the oldest exceptional asset in the world.
Transactions that occur in real estate vary from simple house closing including the title, survey, contract, home mortgage, and closing adjustments; to office leasing, warehouse, retail, manufacturing, and other space classes. It involves the financing for acquisition of real estate assets. It also includes the entitlement and permitting the use of real estate assets to construction, design and improvement or enhancement to these real estate assets as well as their development.
The value any capable Connecticut lawyer can add goes further than what the clients expect. Adding value with creative legal work contributes to the attainment of client necessities.
Moreover, real legal value draws from the structural constituent and building blocks that run from the lawyer’s familiarity, practice, and counseling in order to obtain tax benefits and eventually making the most of the asset value in the market. In addition, this fully apprehends the use of the real estate interest and concerns while constantly keeping in close contact with the client’s purposes and intentions.
A good real estate Connecticut lawyer not only counsels his or her client in their legal needs and queries but also deals with the problem with utmost care and concern to the consequences that may arise, while still fulfilling the client’s goals and expectations.
In the world of real estate, there are numerous situations that you may encounter once you become a real estate investor. And finding the right real estate lawyer must be the first priority. These real estate lawyers are the ones responsible for the legal needs and understand all legal transactions that you may not know at all. He or she is responsible for keeping you informed and aware of the legal problems and conflicts that can arise in relation to your real estate assets and investing needs.
Stu Pearson has an interest in Finance & Business and Real Estate Lawyer, for more FREE information and articles please visit Real Estate Lawyer Resources
Article Source: http://EzineArticles.com/?expert=Stu_Pearson
Moreover, a real estate lawyer should comprehend and be aware of the methods to obtain, communicate, portray and acquire each of the very huge number of classes and groups of real estate types. And of course, be able to advice a client which is possibly the most creative and financially beneficial.
A newcomer to real estate investing should learn the basic principles as well as the income tax treatment of real estate. This is also because there are many tax consequences and conflicts (either good or bad) that are often encountered in real estate ownership under several tax laws. Having high-quality legal work in the real estate practice area both shelters and adjoins outstanding value to the oldest exceptional asset in the world.
Transactions that occur in real estate vary from simple house closing including the title, survey, contract, home mortgage, and closing adjustments; to office leasing, warehouse, retail, manufacturing, and other space classes. It involves the financing for acquisition of real estate assets. It also includes the entitlement and permitting the use of real estate assets to construction, design and improvement or enhancement to these real estate assets as well as their development.
The value any capable Connecticut lawyer can add goes further than what the clients expect. Adding value with creative legal work contributes to the attainment of client necessities.
Moreover, real legal value draws from the structural constituent and building blocks that run from the lawyer’s familiarity, practice, and counseling in order to obtain tax benefits and eventually making the most of the asset value in the market. In addition, this fully apprehends the use of the real estate interest and concerns while constantly keeping in close contact with the client’s purposes and intentions.
A good real estate Connecticut lawyer not only counsels his or her client in their legal needs and queries but also deals with the problem with utmost care and concern to the consequences that may arise, while still fulfilling the client’s goals and expectations.
In the world of real estate, there are numerous situations that you may encounter once you become a real estate investor. And finding the right real estate lawyer must be the first priority. These real estate lawyers are the ones responsible for the legal needs and understand all legal transactions that you may not know at all. He or she is responsible for keeping you informed and aware of the legal problems and conflicts that can arise in relation to your real estate assets and investing needs.
Stu Pearson has an interest in Finance & Business and Real Estate Lawyer, for more FREE information and articles please visit Real Estate Lawyer Resources
Article Source: http://EzineArticles.com/?expert=Stu_Pearson
Rhode Island Personal Injury Law FAQS and Automobile - Car Accidents - by a RI Lawyer - Attorney
Question: Should I negotiate with the insurance adjuster myself without the help of an attorney in order to settle a Rhode Island personal injury, slip and fall or automobile / auto / car accident case?
Answers: No. Representing yourself and negotiating with an insurance adjuster is usually not a good idea! Because you are not an attorney and have not handled personal injury matters before, you are often not aware of the full value of your case. The insurance adjuster may take advantage of your inexperience. Insurance adjusters typically will offer a lot less money to a person representing themselves than they would to an attorney representing a client. (Article by David Slepkow 401-437-1100)
Furthermore, when you are representing yourself in a Rhode Island personal injury or slip and fall case, the insurance company knows that you do not know how to litigate a lawsuit. Therefore you don’t have as much leverage with the insurance adjuster.
Question: How do Rhode Island personal injury lawyers charge for personal injury /automobile/ car accident and slip and fall cases?
Answer: Most lawyers In Rhode Island take personal injury, premises liability, dog bite cases, slip and fall and auto / car accidents on a contingent fee basis. Article by David slepkow (401-437-1100) This means that the lawyers do not collect any fees unless they are successful in settling your personal injury case or winning a verdict at trial. The lawyer typically will take the case costs from the settlement or verdict at the end of the case. Most attorneys advance case costs.
Question: If I hire a Rhode Island personal injury attorney, how does the process work?
Answer: You should retain a RI personal injury lawyer as soon as possible after the automobile or other accident. At the first meeting, the attorney typically will get all the important information concerning the accident including, but not limited to, the names of the witnesses, all injuries and the treating physician and doctors.
The attorney may want to visit the actual scene of the accident or slip and fall so that he can get further prospective on how the accident occurred. If the case is a slip and fall case, the lawyer should visit the scene of the accident if possible and interview potential witnesses. If you have any pictures of the accident scene, your damaged automobile, or of the resulting injuries, it is usually a good idea to show those to the lawyer.
If your lawyer is interested in taking the case, he or she will typically enter into a contingent fee personal injury fee agreement with you. You will need to provide a list of the names and addresses of all witnesses. Your lawyer will also ask you for the names and addresses of all treating physicians and the names and addresses of all hospitals and treating facilities. The lawyer will ask you to sign medical releases pursuant to federal law which will allow your lawyer to collect your medical bills and medical records from your health care provider concerning your injury.
The attorney will be very interested in knowing whether or not you have health insurance and the extent of your health insurance coverage. If your health insurance plan is covering your medical bills, they typically have a lien against any settlement proceeds you receive. It is necessary for your lawyer on your behalf to repay your health insurance company from the proceeds of any settlement or verdict that you receive. These liens typically can be negotiated with the health insurance company. Some insurance companies will typically lower their lien 25% to 33% to account for the work that your attorney has done on the case.
Sometimes, if liability or damage are in dispute, you can get a further reduction of the lien. Typically your lawyer will not be able to disburse any monies to you until he has paid the insurance company for the lien amount.
After the initial consultation and after you have retained the personal injury lawyer, the lawyer will typically do an investigation, if necessary, by calling witnesses, reviewing police reports, or doing anything else that is necessary to further your case. The attorney may need to read relevant Rhode Island negligence case law to evaluate the merits of your perspnal injury case. The attorney will collect your medical records and billing records. Obtaining your billing records for the accident from the medical providers is extremely important because the amount of medical bills that you have is a very important factor in determining the ultimate value of your case for settlement or trial purposes.
Your attorney typically will wait until he/she believes that you have reached a certain point in your medical treatment before he makes an offer to the insurance company to settle your personal injury case. Attorneys are typically concerned that they will settle the case prior to knowing the full extent of a person’s injuries. After an automobile accident case is settled and the release is signed, there is no way to get paid any further damages even if your injuries become substantially more severe. Therefore, it is usually not a good idea to settle the personal injury case prior to having some idea as to the extent of your injuries in the future. Your back, neck, shoulder or leg injury could get worse as time goes bye.
After the lawyer meets with you, he will typically send a letter of representation to all the insurance companies involved giving them general information about the case. The insurance company will open up a personal injury case file and respond to your attorney. Insurance companies are required by law to investigate the facts and look into the potential personal injury cause of action. When the attorney is comfortable that the right time has arrived, he or she will typically send a settlement package to the insurance company. This settlement letter usually includes an evaluation of the permanency of the injury, if any, and describes the pain and suffering of the client as well as any lost wages and medical bills incurred. The attorney typically includes in the settlement package an initial demand for settlement of the case.
The insurance company will usually reply to the letter with either an offer to settle the case or a denial of liability. If the insurance company is denying liability in the persoanl injury case and refusing to pay anything, then the attorney will have no choice but to file a lawsuit to seek damages. In the event that a settlement offer is made to the attorney, there usually will be a period of negotiation to see if the parties can agree to a settlement amount.
If the parties cannot agree to a settlement amount, it may be necessary to file a personal injury/ negligence law suit in either any of the Rhode Island District Courts or Rhode Island Superior Court. In Rhode Island (RI), most personal injury, automobile accident, premises liability and slip and fall cases are handled in Rhode Island Superior Court because matters over $10,000.00 in Rhode Island must be heard in Superior Court.
Question: My Rhode Island personal injury attorney is unable to settle my car accident case with the insurance adjuster, then what happens next?
Answer: If the attorney is unable to settle the case with the insurance adjuster, then it is necessary to file a lawsuit in court. The process of a Rhode Island personal injury civil lawsuit can take up to a few years to resolve. Your lawyer will file a complaint in court alleging negligence or other causes of action asking the court to award you damages. After the complaint is filed, the insurance company will typically hire an attorney to represent their insured. The insurance company’s lawyer will file an answer to the case.
After the complaint and answer are filed, there is usually a discovery period. The parties can send interrogatories to each other which are written questions that the other party must answer. The parties can also take depositions of witnesses which is when the other lawyer asks you questions about the case in front of a stenographer. After the discovery period, there may be a motion to dismiss or motions for summary judgment that are filed by either of the parties.
If the case is not dismissed or summarily decided, then the case will proceed to trial. The average amount of time for a law suit in Rhode Island is about two years, although the amount of time for the law suit could vary depending on how complex the case is, availability of witnesses, and the amount of cases on the docket.
Question: How do I obtain evidence of my personal injury in Rhode Island?
Answer: Please take photographs of all injuries including , but not limited to, cuts, bruises and broken bones. Do not wait too long after the accident. Please do the best that you can to obtain the witness names, addresses, phone numbers, and other information to give to your Rhode Island personal injury attorney. Please keep records of your out-of-pocket expenses for your medical bills, lost wages and other expenses incurred such as medication and medical accessories. You need to keep accurate records because you will need to provide them to the insurance company. If your injury was caused by a whiplash injury caused by a rear end accident you may need to hire an expert to testify on your behalf as to the seriousness of upper and lower back injuries caused by whiplash.
Question: Will my Rhode Island personal injury lawyer keep what I tell him confidential?
Answer: In Rhode Island there is an attorney-client privilege. Your attorney is precluded from disclosing confidential information that you do not want him to disclose to others. There is certain limited exceptions to the attorney-client privilege which usually do not apply.
Question: What type of costs are typically incurred in Rhode Island (RI) personal injury cases?
Answer: Out-of-pocketcosts, are expenses that are incurred by your lawyer to properly settle or litigate your case. The out of pocket expenses are usually advanced by the lawyer. Medical providers usually charge a nominal fee to copy your medical records. Most doctors also charge a fee to write a comprehensive medical report detailing your course of treatment, injury prognosis and whether or not your injuries are permanent. If it is necessary to have a doctor testify at the trial of your case, then the doctor may charge a substantial fee for his attendance.
Another example of out-of-pocket expenses that you may incur is a filing fee to file the complaint in Providence / kent / Newport or Washington County Superior Court and the fee for service of process of the personal injury complaint.
The amount of costs incurred in your case varies from case to case and depend on how complex your persoanl injury case is. The more serious your injuries are the more out of pocket expenses that may be incurred. Most attorneys will get prior approval before incurring a substantial cost on your behalf.
Rhode Island Personal Injury, automobile accident, slip and fall and premises liability law lawyer, David Slepkow has been practicing law for ten years. David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East Providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary! Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association and the Bar for the Federal Court First Circuit, District of Rhode Island. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless sucessfull. David Slepkow is a member of the Family Law Inns of Court and the Rhode Island Trial Lawyers Association. You can contact David Slepkow at http://www.slepkowlaw.com or by calling him at 401-437-1100.
Article Source: http://EzineArticles.com/?expert=David_Slepkow
Answers: No. Representing yourself and negotiating with an insurance adjuster is usually not a good idea! Because you are not an attorney and have not handled personal injury matters before, you are often not aware of the full value of your case. The insurance adjuster may take advantage of your inexperience. Insurance adjusters typically will offer a lot less money to a person representing themselves than they would to an attorney representing a client. (Article by David Slepkow 401-437-1100)
Furthermore, when you are representing yourself in a Rhode Island personal injury or slip and fall case, the insurance company knows that you do not know how to litigate a lawsuit. Therefore you don’t have as much leverage with the insurance adjuster.
Question: How do Rhode Island personal injury lawyers charge for personal injury /automobile/ car accident and slip and fall cases?
Answer: Most lawyers In Rhode Island take personal injury, premises liability, dog bite cases, slip and fall and auto / car accidents on a contingent fee basis. Article by David slepkow (401-437-1100) This means that the lawyers do not collect any fees unless they are successful in settling your personal injury case or winning a verdict at trial. The lawyer typically will take the case costs from the settlement or verdict at the end of the case. Most attorneys advance case costs.
Question: If I hire a Rhode Island personal injury attorney, how does the process work?
Answer: You should retain a RI personal injury lawyer as soon as possible after the automobile or other accident. At the first meeting, the attorney typically will get all the important information concerning the accident including, but not limited to, the names of the witnesses, all injuries and the treating physician and doctors.
The attorney may want to visit the actual scene of the accident or slip and fall so that he can get further prospective on how the accident occurred. If the case is a slip and fall case, the lawyer should visit the scene of the accident if possible and interview potential witnesses. If you have any pictures of the accident scene, your damaged automobile, or of the resulting injuries, it is usually a good idea to show those to the lawyer.
If your lawyer is interested in taking the case, he or she will typically enter into a contingent fee personal injury fee agreement with you. You will need to provide a list of the names and addresses of all witnesses. Your lawyer will also ask you for the names and addresses of all treating physicians and the names and addresses of all hospitals and treating facilities. The lawyer will ask you to sign medical releases pursuant to federal law which will allow your lawyer to collect your medical bills and medical records from your health care provider concerning your injury.
The attorney will be very interested in knowing whether or not you have health insurance and the extent of your health insurance coverage. If your health insurance plan is covering your medical bills, they typically have a lien against any settlement proceeds you receive. It is necessary for your lawyer on your behalf to repay your health insurance company from the proceeds of any settlement or verdict that you receive. These liens typically can be negotiated with the health insurance company. Some insurance companies will typically lower their lien 25% to 33% to account for the work that your attorney has done on the case.
Sometimes, if liability or damage are in dispute, you can get a further reduction of the lien. Typically your lawyer will not be able to disburse any monies to you until he has paid the insurance company for the lien amount.
After the initial consultation and after you have retained the personal injury lawyer, the lawyer will typically do an investigation, if necessary, by calling witnesses, reviewing police reports, or doing anything else that is necessary to further your case. The attorney may need to read relevant Rhode Island negligence case law to evaluate the merits of your perspnal injury case. The attorney will collect your medical records and billing records. Obtaining your billing records for the accident from the medical providers is extremely important because the amount of medical bills that you have is a very important factor in determining the ultimate value of your case for settlement or trial purposes.
Your attorney typically will wait until he/she believes that you have reached a certain point in your medical treatment before he makes an offer to the insurance company to settle your personal injury case. Attorneys are typically concerned that they will settle the case prior to knowing the full extent of a person’s injuries. After an automobile accident case is settled and the release is signed, there is no way to get paid any further damages even if your injuries become substantially more severe. Therefore, it is usually not a good idea to settle the personal injury case prior to having some idea as to the extent of your injuries in the future. Your back, neck, shoulder or leg injury could get worse as time goes bye.
After the lawyer meets with you, he will typically send a letter of representation to all the insurance companies involved giving them general information about the case. The insurance company will open up a personal injury case file and respond to your attorney. Insurance companies are required by law to investigate the facts and look into the potential personal injury cause of action. When the attorney is comfortable that the right time has arrived, he or she will typically send a settlement package to the insurance company. This settlement letter usually includes an evaluation of the permanency of the injury, if any, and describes the pain and suffering of the client as well as any lost wages and medical bills incurred. The attorney typically includes in the settlement package an initial demand for settlement of the case.
The insurance company will usually reply to the letter with either an offer to settle the case or a denial of liability. If the insurance company is denying liability in the persoanl injury case and refusing to pay anything, then the attorney will have no choice but to file a lawsuit to seek damages. In the event that a settlement offer is made to the attorney, there usually will be a period of negotiation to see if the parties can agree to a settlement amount.
If the parties cannot agree to a settlement amount, it may be necessary to file a personal injury/ negligence law suit in either any of the Rhode Island District Courts or Rhode Island Superior Court. In Rhode Island (RI), most personal injury, automobile accident, premises liability and slip and fall cases are handled in Rhode Island Superior Court because matters over $10,000.00 in Rhode Island must be heard in Superior Court.
Question: My Rhode Island personal injury attorney is unable to settle my car accident case with the insurance adjuster, then what happens next?
Answer: If the attorney is unable to settle the case with the insurance adjuster, then it is necessary to file a lawsuit in court. The process of a Rhode Island personal injury civil lawsuit can take up to a few years to resolve. Your lawyer will file a complaint in court alleging negligence or other causes of action asking the court to award you damages. After the complaint is filed, the insurance company will typically hire an attorney to represent their insured. The insurance company’s lawyer will file an answer to the case.
After the complaint and answer are filed, there is usually a discovery period. The parties can send interrogatories to each other which are written questions that the other party must answer. The parties can also take depositions of witnesses which is when the other lawyer asks you questions about the case in front of a stenographer. After the discovery period, there may be a motion to dismiss or motions for summary judgment that are filed by either of the parties.
If the case is not dismissed or summarily decided, then the case will proceed to trial. The average amount of time for a law suit in Rhode Island is about two years, although the amount of time for the law suit could vary depending on how complex the case is, availability of witnesses, and the amount of cases on the docket.
Question: How do I obtain evidence of my personal injury in Rhode Island?
Answer: Please take photographs of all injuries including , but not limited to, cuts, bruises and broken bones. Do not wait too long after the accident. Please do the best that you can to obtain the witness names, addresses, phone numbers, and other information to give to your Rhode Island personal injury attorney. Please keep records of your out-of-pocket expenses for your medical bills, lost wages and other expenses incurred such as medication and medical accessories. You need to keep accurate records because you will need to provide them to the insurance company. If your injury was caused by a whiplash injury caused by a rear end accident you may need to hire an expert to testify on your behalf as to the seriousness of upper and lower back injuries caused by whiplash.
Question: Will my Rhode Island personal injury lawyer keep what I tell him confidential?
Answer: In Rhode Island there is an attorney-client privilege. Your attorney is precluded from disclosing confidential information that you do not want him to disclose to others. There is certain limited exceptions to the attorney-client privilege which usually do not apply.
Question: What type of costs are typically incurred in Rhode Island (RI) personal injury cases?
Answer: Out-of-pocketcosts, are expenses that are incurred by your lawyer to properly settle or litigate your case. The out of pocket expenses are usually advanced by the lawyer. Medical providers usually charge a nominal fee to copy your medical records. Most doctors also charge a fee to write a comprehensive medical report detailing your course of treatment, injury prognosis and whether or not your injuries are permanent. If it is necessary to have a doctor testify at the trial of your case, then the doctor may charge a substantial fee for his attendance.
Another example of out-of-pocket expenses that you may incur is a filing fee to file the complaint in Providence / kent / Newport or Washington County Superior Court and the fee for service of process of the personal injury complaint.
The amount of costs incurred in your case varies from case to case and depend on how complex your persoanl injury case is. The more serious your injuries are the more out of pocket expenses that may be incurred. Most attorneys will get prior approval before incurring a substantial cost on your behalf.
Rhode Island Personal Injury, automobile accident, slip and fall and premises liability law lawyer, David Slepkow has been practicing law for ten years. David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East Providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary! Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association and the Bar for the Federal Court First Circuit, District of Rhode Island. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless sucessfull. David Slepkow is a member of the Family Law Inns of Court and the Rhode Island Trial Lawyers Association. You can contact David Slepkow at http://www.slepkowlaw.com or by calling him at 401-437-1100.
Article Source: http://EzineArticles.com/?expert=David_Slepkow
Property Law in Thailand
Thailand is becoming an ever more popular retirement and choice of country to live with its low costs and beautiful scenery not forgetting of course the world famous friendliness of the Thais themselves. But finding out about the laws governing property ownership here can be confusing. Here are the bare bones of Thai property Law
• A foreigner can own a condominiums long as less than 40% of the condos or apartments in the building are owned by foreigners. Many people believe it to be 49% although this regulation was an addition to the existing law and was only meant to be in place for one year and has since expired.
• A company can own property such as land and a house (and hence the foreigner can buy land and a house via their Thai registered company) as long as no one foreigner owns more that 39% of the company (recently amended from 33%) and total foreign ownership of the company does not exceed 49%.Still ambiguous and under review.
• The Thai wife of a foreigner can own property (a recently changed legal status due to gender equality in the new 1997 constitution revision), in her name only. This is fine as long as you don't have marital problems. (The same, of course, goes for a Thai husband, but the law was changed recently for Thai wives due to the new constitution guaranteeing equal rights.)
• A foreigner can lease land for 30 years, with an option for another 30 years, the first 30 years are guaranteed they are registered with the Land Department, however the second can be contested.
• If you gain BOI approval you may as a company is able to buy up to one rai of land. Although this is meant for very large investors.
At the end of the day if you are seriously looking to invest in Thailand you should consult a good lawyer who will be familiar with the latest property laws.
Chris Heath is the sole proprietor of Soho Properties a real estate agency located in Bangkok Thailand.
http://www.soho-properties.com
Article Source: http://EzineArticles.com/?expert=Chris_Heath
• A foreigner can own a condominiums long as less than 40% of the condos or apartments in the building are owned by foreigners. Many people believe it to be 49% although this regulation was an addition to the existing law and was only meant to be in place for one year and has since expired.
• A company can own property such as land and a house (and hence the foreigner can buy land and a house via their Thai registered company) as long as no one foreigner owns more that 39% of the company (recently amended from 33%) and total foreign ownership of the company does not exceed 49%.Still ambiguous and under review.
• The Thai wife of a foreigner can own property (a recently changed legal status due to gender equality in the new 1997 constitution revision), in her name only. This is fine as long as you don't have marital problems. (The same, of course, goes for a Thai husband, but the law was changed recently for Thai wives due to the new constitution guaranteeing equal rights.)
• A foreigner can lease land for 30 years, with an option for another 30 years, the first 30 years are guaranteed they are registered with the Land Department, however the second can be contested.
• If you gain BOI approval you may as a company is able to buy up to one rai of land. Although this is meant for very large investors.
At the end of the day if you are seriously looking to invest in Thailand you should consult a good lawyer who will be familiar with the latest property laws.
Chris Heath is the sole proprietor of Soho Properties a real estate agency located in Bangkok Thailand.
http://www.soho-properties.com
Article Source: http://EzineArticles.com/?expert=Chris_Heath
Real-Estate Deals And The Securities Laws
When assembling a real-estate deal involving other investors sometimes referred to as "syndication", one must comply with state and possibly federal securities laws. When securities are issued, they must be registered or fit within an exemption. Otherwise the investors later may be able to sue the principals B and the State and - or SEC can impose fines and jail sentences. Frequently an offering is structured to fit within exemptions to the laws that otherwise require registration of the securities. One must weigh the advertising needed, whether financial requirements will eliminate too many investors, whether investors will come from more than one state, etc. to determine the best exemption.
Definition of ASecurities@
The definition of Asecurities@ is quite broad. Under federal law the term Asecurity@ means any A note, stock...evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement...@, etc. The California definition basically tracks the federal one. Note that this definition includes promissory notes secured by real estate, although there are exemptions to the securities laws that can apply in that case.
There are some exceptions to the definition of Asecurities@. General partnership interests are not considered securities, on the theory that general partners each have the authority to exercise meaningful control over the partnership. Limited partnership interests, though, are presumed to be securities.
If the investors are all tenants in common (meaning they are listed on the deed but there is no formal entity), then there are no securities -- but the owners all have the same personal liability as if they were general partners. Good insurance coverage is key in that case.
Limited liability company interests generally constitute securities. This is certainly true for manager-managed LLC=s. Still, there is an exception under California law for member-managed LLC= s where all of the members are actively engaged in management of the LLC. The California statute states that Asecurity@ does not mean :
a membership interest in a limited liability company in which the person claiming this exception can prove that all of the members are actively engaged in the management of the limited liability company; provided that evidence that members vote or have the right to vote, or the right to information concerning the business and affairs of the limited liability company, or the right to participate in management, shall not establish, without more, that all members are actively engaged in the management of the limited liability company....
As the definition shows, though, the members must be truly engaged in management, and not merely have the right to do so.
It is not yet clear whether there is a similar federal exemption (the cases seem to conflict), so the safer course at this time is to assume that offerings of LLC interests to residents of different states are securities under federal law.
There is also an exemption under California law for certain secured promissory notes. More specifically, there is an exemption for:
A promissory note secured by a lien on real property, which is neither one of a series of notes of equal priority secured by interests in the same real property nor a note in which beneficial interests are sold to more than one person or entity.
This works where there is just one investor per property. It does not work if there are different investors secured by the same property (unless each investor will have a lien with different priority). This is an unusual exemption in that it does not require any form to be filed with the State.
Also, if the promissory note has an equity (profit) "kicker" (versus just interest), then the note is a security.
Unfortunately, there is nothing comparable on the federal level.
General Rules
Generally the location of the investors (and not the state where the entity was formed) determine what securities laws apply. For example, if you sell securities just in California, then you only need to deal with California securities laws. If you sell in other states as well, you generally must also comply with federal securities laws and the laws of each state where you sell.
Because registering an offering of securities with state and/or federal agencies can be expensive and time-consuming, generally the offering is structured specifically to comply with one or more exemptions from registrations. These types of offerings are frequently called Aprivate placements@.
One of the consequences of using securities exemptions, though, is that B with some exceptions -- public advertising is not allowed. Where it is allowed, restrictions on the advertising usually apply.
Another consequence of using the securities exemptions is that many of them impose financial requirements on the investors.
Finally, most securities exemptions require the filing of completed exemption forms with the relevant state/federal securities agencies. Still, this is vastly simpler than formally registering the offering.
California Exemptions
If public advertising is required, then either a 25102(n) offering or a California SCOR offering offering must be used. See How the Securities May Be Sold below for a discussion of what does and does not constitute public advertising.
The California 25102(n) exemption allows up to $5 million to be raised, but only a Atombstone@ (bare bones) ad can be used B though it can be placed on a web site too B and only Aqualified@ purchasers can invest. Complete information about the offering can only be given to those who respond to the tombstone ad and then sign a document verifying that they are a qualified purchaser.
If the entity making the offering is a corporation (versus an LLC), then qualified purchasers for 25102(n) purposes are businesses with more than $5 million dollars in assets, and individuals with either a) a minimum net worth (in conjunction with their spouses) of $250,000 and gross income in excess of $100,000, or b) a minimum net worth of $500,000. The kicker is that the value of the residence must be excluded in both cases. In addition, the amount of the investment by each individual cannot exceed 10 percent of the net worth of the individual.
The 25102(n) exemption can also be used with an LLC, but then the investors have to meet the federal A accredited investor@ standards, which are discussed below.
Another alternative is the SCOR (Small Corporate Offering Registration) offering exemption. This is limited to offerings of up to $1 million. Unfortunately, California makes it much harder to conduct a SCOR offering than do other states. Audited financials are required for Aopen@ offerings (as opposed to those limited to, for example, accredited investors) or for offerings exceeding $500,000. The money raised may only be used for operations, not to retire debt, and California requires a minimum price of $2 per share. In addition, the exemption is limited to corporations (not LLC= s) with one class of stock. Finally, California requires that a SCOR offering be qualified by permit. This means that, unlike with most securities exemptions, the State has to approve the offering before it can be made. As a result, a SCOR offering involving California is usually not particularly attractive.
If public advertising is not required, the California 25102(f) and (h) exemptions are much easier to use.
These two exemptions have a number of similarities. Both have no limit on the dollar amount of the offering. Both are limited to 35 investors, although generally insiders and accredited investors are excluded from the count and spouses count as one investor.
One major difference is that the 25102(h) exemption is limited to corporations with one class of stock; the 25102(f) exemption can be used for all securities. This may be important because LLC= s are often used with real-estate investments, given that a Subchapter S corporation cannot be used if its income from passive investments (such as rents) is more than 25% of its total income for more than three years in a row. Another difficulty of using the 25102(h) exemption is that it does not allowing selling expenses (commissions, discounts to brokers, promotional expenses); the 25102(f) exemption does.
On the other hand, the 25102(f) exemption requires the investors to have a substantive pre-existing relationship with one or more principals of the company or the capacity to protect their own interests (alone or in conjunction with an investment advisor); the 25102(h) exemption has no restrictions on the type of investor. Also, while Ageneral solicitation@ is allowed with neither one, the 25102(h) exemption allows individual personal communications to anyone. In contrast, the 25102(f) exemption allows advertising to be made only to persons reasonably believed in advance to meet the 25102(f) qualifications. What that means is that with the 25102(h) exemption (but not the 25102(f) exemption), letters or emails regarding the offer can be sent to a list of potential investors without knowing anything about them.
Federal Exemptions
If the offering is being made to residents of more than one state, then the federal securities laws apply as well. That means that, with the exception of a federal Rule 506 offering (discussed below), the requirements for exemptions for both the state securities laws and the federal securities laws must be met.
The federal Rule 504 exemption may be attractive if the offering is for $1 million or less, since it allows public advertising and there are no investor qualifications.
If the offering is limited to accredited investors (defined below), there are approximately 40 states that have adopted the Model Accredited Investor Exemption (MAIE) B and no registration is required in those. The MAIE allows public advertising of a tombstone ad for the investment, much like the tombstone ad for the California 25102(n) exemption discussed above (although some states have variations).
The Rule 504 exemption may also be used in conjunction with a SCOR offering or (at least within California) the California 25102(n) exemption.
The federal Rule 505 exemption covers offerings up to $5 million. Although no general solicitation/advertising is allowed, there are no investor qualifications. It might possibly be combined with a California 25102(h) offering if one wanted to send individual offers to lists of individuals without knowing what their qualifications might be. Some other states also allow a Form D/Rule 505 filing rather than requiring their own exemption forms, although there are fewer of these states than those that have adopted the MAIE. As a result, the Rule 506 exemption is usually much more attractive.
The federal Rule 506 exemption allows offerings in unlimited amounts B but only to sophisticated or accredited investors. The big advantage this type of offering has is that it is exempt from all state regulation (although notices have to be filed in some states). In other words, no state is allowed to make any kind of review of the terms of the offering and possibly forbid the offering. For this reason, this exemption is frequently used.
The offering can only be made to individual accredited investors (although sophisticated investors may invest as well as long as there is a substantive pre-existing relationship).
Basically, accredited investors are:
Any organization not formed for the specific purpose of acquiring the securities offered and having total assets in excess of $5,000,000;
Any director, executive officer, or general partner of the issuer of the securities being offered or sold, or any director, executive officer, or general partner of a general partner of that issuer;
Any natural person whose individual net worth, or joint net worth with that person's spouse, at the time of the purchase exceeds $1,000,000;
Any natural person who had an individual income in excess of $200,000 in each of the two most recent years or joint income with that person's spouse in excess of $300,000 in each of those years and has a reasonable expectation of reaching the same income in the current year.
While the federal Regulation A exemption initially looks attractive because of its A test the water@ provision, the problem in California is that an application for qualification B which is relatively complicated B must be filed with the State first. Moreover, other states= securities laws apply to Reg. A offerings. (Reg. A offerings are also limited to a maximum of $5 million.) In addition, Reg. A Atest the waters@ offering can only be done by a licensed broker-dealer. If the entire offering is being done solely in California, the broker-dealer only has to be registered with California; if the securities are being offered to those in other states, the broker-dealer must also be registered with the SEC. Because of these restrictions, the Reg. A exemption is not very attractive.
Who May Sell the Securities
The general rule is that anyone who attempts to sell securities must be licensed as a broker.
Fortunately, California law states that this does not include an officer or director of the company making the offering or an individual occupying a similar status or performing similar functions (such as the manager of an LLC), assuming that he/she does not receive compensation specifically related to purchases or sales of securities. In other words, they can do it as part of a salary, but not, for example, on a commission basis.
Federal law is virtually the same.
Everyone else must hold a broker= s license. If the offering is being sold only in one state, then the broker needs to be licensed in that state only. If the offering is being sold in more than one state, then the broker must be licensed with the SEC as well.
How the Securities May Be Sold
As discussed above, the rule with many private placements is that public advertising is not allowed.
What you can do in those offerings is individually contact potential investors you reasonably believe meet the requirements of the securities exemption. (This often includes potential investors who have a substantive pre-existing business or social relationship with one or more of the principals.) You can contact them by letter, phone, email, etc. as long as the communication is targeted to them individually. What you cannot do is run a newspaper ad, set up a web site, pass out flyers, etc. offering to sell the securities. You also cannot send offers to sell to people on a list if you have no idea whether they meet the qualifications to be an investor. On the other hand, if, for example, you are making a Rule 506 offering, you can purchase a list of investors from a reputable company if the company warrants that it has pre-screened the investors and had a licensed broker determine that they are accredited investors; in that case, you can contact the potential investors on the list individually.
In addition, companies can provide information about themselves to the public as long as the information does not constitute an offer. In other words, as long as there is not an attempt to sell B or attempt to solicit an offer to buy B securities, you can provide information about what the entity is doing or plans to do.
For example, a company can have a web site that generally describes what the company is doing and says something like AFor more information, click here.@ (The web site itself, of course, cannot offer to sell any securities or elicit offers to buy the securities.) That link must then lead to an investor questionnaire/certification and a statement that it should be completed and returned to the company. That questionnaire/certification must then be reviewed a determination made as to whether the person is qualified. If and only if the person reasonably appears to be qualified, then offering materials may be sent and/or a password given to a special section of the web site that contains offering materials.
Another option is to hold Aeducational@ seminars where you present what the company is doing. The seminars, of course, cannot make or solicit any offer to invest. You can, though, pass out investor questionnaires and tell people that if they want more information about the company they need to complete the questionnaire and return it. Alternatively, you can mail or email the questionnaires to the attendees. The forms that are returned can then be reviewed to determine which investors qualify for the offering. You can then make an offering aimed solely at those who reasonably appear to be qualified.
Although the SEC is reconsidering the issue, if a federal securities exemption is being used (because not all the investors are from one state), then only a licensed broker can make the determination that a potential investor is qualified (unless the potential investor has a substantive pre-existing business or social relationship with one or more of the principals so that the principal reasonably believes the potential investor is qualified). This is not the case if the offering is being made only to potential investors in California.
Note that you cannot just ask potential investors if they are qualified to invest. Instead, you must use an investor questionnaire and have the answers reviewed to determine if the investor is qualified or not.
The foregoing article constitutes general information only and should not be relied upon as legal advice.
http://ezinearticles.com/?Real-Estate-Deals-And-The-Securities-Laws&id=589430
Definition of ASecurities@
The definition of Asecurities@ is quite broad. Under federal law the term Asecurity@ means any A note, stock...evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement...@, etc. The California definition basically tracks the federal one. Note that this definition includes promissory notes secured by real estate, although there are exemptions to the securities laws that can apply in that case.
There are some exceptions to the definition of Asecurities@. General partnership interests are not considered securities, on the theory that general partners each have the authority to exercise meaningful control over the partnership. Limited partnership interests, though, are presumed to be securities.
If the investors are all tenants in common (meaning they are listed on the deed but there is no formal entity), then there are no securities -- but the owners all have the same personal liability as if they were general partners. Good insurance coverage is key in that case.
Limited liability company interests generally constitute securities. This is certainly true for manager-managed LLC=s. Still, there is an exception under California law for member-managed LLC= s where all of the members are actively engaged in management of the LLC. The California statute states that Asecurity@ does not mean :
a membership interest in a limited liability company in which the person claiming this exception can prove that all of the members are actively engaged in the management of the limited liability company; provided that evidence that members vote or have the right to vote, or the right to information concerning the business and affairs of the limited liability company, or the right to participate in management, shall not establish, without more, that all members are actively engaged in the management of the limited liability company....
As the definition shows, though, the members must be truly engaged in management, and not merely have the right to do so.
It is not yet clear whether there is a similar federal exemption (the cases seem to conflict), so the safer course at this time is to assume that offerings of LLC interests to residents of different states are securities under federal law.
There is also an exemption under California law for certain secured promissory notes. More specifically, there is an exemption for:
A promissory note secured by a lien on real property, which is neither one of a series of notes of equal priority secured by interests in the same real property nor a note in which beneficial interests are sold to more than one person or entity.
This works where there is just one investor per property. It does not work if there are different investors secured by the same property (unless each investor will have a lien with different priority). This is an unusual exemption in that it does not require any form to be filed with the State.
Also, if the promissory note has an equity (profit) "kicker" (versus just interest), then the note is a security.
Unfortunately, there is nothing comparable on the federal level.
General Rules
Generally the location of the investors (and not the state where the entity was formed) determine what securities laws apply. For example, if you sell securities just in California, then you only need to deal with California securities laws. If you sell in other states as well, you generally must also comply with federal securities laws and the laws of each state where you sell.
Because registering an offering of securities with state and/or federal agencies can be expensive and time-consuming, generally the offering is structured specifically to comply with one or more exemptions from registrations. These types of offerings are frequently called Aprivate placements@.
One of the consequences of using securities exemptions, though, is that B with some exceptions -- public advertising is not allowed. Where it is allowed, restrictions on the advertising usually apply.
Another consequence of using the securities exemptions is that many of them impose financial requirements on the investors.
Finally, most securities exemptions require the filing of completed exemption forms with the relevant state/federal securities agencies. Still, this is vastly simpler than formally registering the offering.
California Exemptions
If public advertising is required, then either a 25102(n) offering or a California SCOR offering offering must be used. See How the Securities May Be Sold below for a discussion of what does and does not constitute public advertising.
The California 25102(n) exemption allows up to $5 million to be raised, but only a Atombstone@ (bare bones) ad can be used B though it can be placed on a web site too B and only Aqualified@ purchasers can invest. Complete information about the offering can only be given to those who respond to the tombstone ad and then sign a document verifying that they are a qualified purchaser.
If the entity making the offering is a corporation (versus an LLC), then qualified purchasers for 25102(n) purposes are businesses with more than $5 million dollars in assets, and individuals with either a) a minimum net worth (in conjunction with their spouses) of $250,000 and gross income in excess of $100,000, or b) a minimum net worth of $500,000. The kicker is that the value of the residence must be excluded in both cases. In addition, the amount of the investment by each individual cannot exceed 10 percent of the net worth of the individual.
The 25102(n) exemption can also be used with an LLC, but then the investors have to meet the federal A accredited investor@ standards, which are discussed below.
Another alternative is the SCOR (Small Corporate Offering Registration) offering exemption. This is limited to offerings of up to $1 million. Unfortunately, California makes it much harder to conduct a SCOR offering than do other states. Audited financials are required for Aopen@ offerings (as opposed to those limited to, for example, accredited investors) or for offerings exceeding $500,000. The money raised may only be used for operations, not to retire debt, and California requires a minimum price of $2 per share. In addition, the exemption is limited to corporations (not LLC= s) with one class of stock. Finally, California requires that a SCOR offering be qualified by permit. This means that, unlike with most securities exemptions, the State has to approve the offering before it can be made. As a result, a SCOR offering involving California is usually not particularly attractive.
If public advertising is not required, the California 25102(f) and (h) exemptions are much easier to use.
These two exemptions have a number of similarities. Both have no limit on the dollar amount of the offering. Both are limited to 35 investors, although generally insiders and accredited investors are excluded from the count and spouses count as one investor.
One major difference is that the 25102(h) exemption is limited to corporations with one class of stock; the 25102(f) exemption can be used for all securities. This may be important because LLC= s are often used with real-estate investments, given that a Subchapter S corporation cannot be used if its income from passive investments (such as rents) is more than 25% of its total income for more than three years in a row. Another difficulty of using the 25102(h) exemption is that it does not allowing selling expenses (commissions, discounts to brokers, promotional expenses); the 25102(f) exemption does.
On the other hand, the 25102(f) exemption requires the investors to have a substantive pre-existing relationship with one or more principals of the company or the capacity to protect their own interests (alone or in conjunction with an investment advisor); the 25102(h) exemption has no restrictions on the type of investor. Also, while Ageneral solicitation@ is allowed with neither one, the 25102(h) exemption allows individual personal communications to anyone. In contrast, the 25102(f) exemption allows advertising to be made only to persons reasonably believed in advance to meet the 25102(f) qualifications. What that means is that with the 25102(h) exemption (but not the 25102(f) exemption), letters or emails regarding the offer can be sent to a list of potential investors without knowing anything about them.
Federal Exemptions
If the offering is being made to residents of more than one state, then the federal securities laws apply as well. That means that, with the exception of a federal Rule 506 offering (discussed below), the requirements for exemptions for both the state securities laws and the federal securities laws must be met.
The federal Rule 504 exemption may be attractive if the offering is for $1 million or less, since it allows public advertising and there are no investor qualifications.
If the offering is limited to accredited investors (defined below), there are approximately 40 states that have adopted the Model Accredited Investor Exemption (MAIE) B and no registration is required in those. The MAIE allows public advertising of a tombstone ad for the investment, much like the tombstone ad for the California 25102(n) exemption discussed above (although some states have variations).
The Rule 504 exemption may also be used in conjunction with a SCOR offering or (at least within California) the California 25102(n) exemption.
The federal Rule 505 exemption covers offerings up to $5 million. Although no general solicitation/advertising is allowed, there are no investor qualifications. It might possibly be combined with a California 25102(h) offering if one wanted to send individual offers to lists of individuals without knowing what their qualifications might be. Some other states also allow a Form D/Rule 505 filing rather than requiring their own exemption forms, although there are fewer of these states than those that have adopted the MAIE. As a result, the Rule 506 exemption is usually much more attractive.
The federal Rule 506 exemption allows offerings in unlimited amounts B but only to sophisticated or accredited investors. The big advantage this type of offering has is that it is exempt from all state regulation (although notices have to be filed in some states). In other words, no state is allowed to make any kind of review of the terms of the offering and possibly forbid the offering. For this reason, this exemption is frequently used.
The offering can only be made to individual accredited investors (although sophisticated investors may invest as well as long as there is a substantive pre-existing relationship).
Basically, accredited investors are:
Any organization not formed for the specific purpose of acquiring the securities offered and having total assets in excess of $5,000,000;
Any director, executive officer, or general partner of the issuer of the securities being offered or sold, or any director, executive officer, or general partner of a general partner of that issuer;
Any natural person whose individual net worth, or joint net worth with that person's spouse, at the time of the purchase exceeds $1,000,000;
Any natural person who had an individual income in excess of $200,000 in each of the two most recent years or joint income with that person's spouse in excess of $300,000 in each of those years and has a reasonable expectation of reaching the same income in the current year.
While the federal Regulation A exemption initially looks attractive because of its A test the water@ provision, the problem in California is that an application for qualification B which is relatively complicated B must be filed with the State first. Moreover, other states= securities laws apply to Reg. A offerings. (Reg. A offerings are also limited to a maximum of $5 million.) In addition, Reg. A Atest the waters@ offering can only be done by a licensed broker-dealer. If the entire offering is being done solely in California, the broker-dealer only has to be registered with California; if the securities are being offered to those in other states, the broker-dealer must also be registered with the SEC. Because of these restrictions, the Reg. A exemption is not very attractive.
Who May Sell the Securities
The general rule is that anyone who attempts to sell securities must be licensed as a broker.
Fortunately, California law states that this does not include an officer or director of the company making the offering or an individual occupying a similar status or performing similar functions (such as the manager of an LLC), assuming that he/she does not receive compensation specifically related to purchases or sales of securities. In other words, they can do it as part of a salary, but not, for example, on a commission basis.
Federal law is virtually the same.
Everyone else must hold a broker= s license. If the offering is being sold only in one state, then the broker needs to be licensed in that state only. If the offering is being sold in more than one state, then the broker must be licensed with the SEC as well.
How the Securities May Be Sold
As discussed above, the rule with many private placements is that public advertising is not allowed.
What you can do in those offerings is individually contact potential investors you reasonably believe meet the requirements of the securities exemption. (This often includes potential investors who have a substantive pre-existing business or social relationship with one or more of the principals.) You can contact them by letter, phone, email, etc. as long as the communication is targeted to them individually. What you cannot do is run a newspaper ad, set up a web site, pass out flyers, etc. offering to sell the securities. You also cannot send offers to sell to people on a list if you have no idea whether they meet the qualifications to be an investor. On the other hand, if, for example, you are making a Rule 506 offering, you can purchase a list of investors from a reputable company if the company warrants that it has pre-screened the investors and had a licensed broker determine that they are accredited investors; in that case, you can contact the potential investors on the list individually.
In addition, companies can provide information about themselves to the public as long as the information does not constitute an offer. In other words, as long as there is not an attempt to sell B or attempt to solicit an offer to buy B securities, you can provide information about what the entity is doing or plans to do.
For example, a company can have a web site that generally describes what the company is doing and says something like AFor more information, click here.@ (The web site itself, of course, cannot offer to sell any securities or elicit offers to buy the securities.) That link must then lead to an investor questionnaire/certification and a statement that it should be completed and returned to the company. That questionnaire/certification must then be reviewed a determination made as to whether the person is qualified. If and only if the person reasonably appears to be qualified, then offering materials may be sent and/or a password given to a special section of the web site that contains offering materials.
Another option is to hold Aeducational@ seminars where you present what the company is doing. The seminars, of course, cannot make or solicit any offer to invest. You can, though, pass out investor questionnaires and tell people that if they want more information about the company they need to complete the questionnaire and return it. Alternatively, you can mail or email the questionnaires to the attendees. The forms that are returned can then be reviewed to determine which investors qualify for the offering. You can then make an offering aimed solely at those who reasonably appear to be qualified.
Although the SEC is reconsidering the issue, if a federal securities exemption is being used (because not all the investors are from one state), then only a licensed broker can make the determination that a potential investor is qualified (unless the potential investor has a substantive pre-existing business or social relationship with one or more of the principals so that the principal reasonably believes the potential investor is qualified). This is not the case if the offering is being made only to potential investors in California.
Note that you cannot just ask potential investors if they are qualified to invest. Instead, you must use an investor questionnaire and have the answers reviewed to determine if the investor is qualified or not.
The foregoing article constitutes general information only and should not be relied upon as legal advice.
http://ezinearticles.com/?Real-Estate-Deals-And-The-Securities-Laws&id=589430
RI Real Estate Law - Purchase and Sales Agreements - Single Family
In Rhode Island most buy and sell agreements (purchase and sales agreements) for single-family homes are on a form prepared by the Rhode Island Association of Realtors. The Purchase and Sales Agreement is a very important legal document that typically sets forth the sales price, time, date and place of the residential real estate closing, contingencies based on financing, as well as many other provisions.
You may attempt to negotiate modifications to this agreement and are not obligated to sign the standard form. Prior to signing the Purchase and Sales Agreement, the buyer should contact a Rhode Island lawyer / attorney who specializes in real estate law, residential real estate closings and title law.
This agreement was drafted with the intent to be fair to both buyers and sellers of residential real estate; however, the buyer should not sign this agreement without paying careful attention to all of the provisions including the following provisions:
1. The agreement provides for a certain number of days within which buyer must apply for his/her mortgage. Pursuant to the terms of the standard Rhode Island Purchase and Sales Agreement, if the buyer fails to apply for the mortgage, his deposit will be forfeited. Please make certain that you allow enough days for this application to be made.
2. The agreement provides that if the buyer applies for a mortgage greater than the amount set forth in the Purchase and Sales Agreement, buyer will have no right to obtain a return of his deposit if his mortgage application is denied. Buyer should be certain that the amount filled in for his proposed mortgage is in fact the highest amount that he intends to apply for.
3. The agreement provides that the buyer must accept the property with any easements or restrictions of record that impact the property. The buyer should read the Rhode Island Real Estate Sales Disclosure Form prior to signing the Purchase and Sales Agreement. Rhode Island Law requires that the seller of residential real estate in RI notify the buyer of any restrictions or easements. Buyer should check the disclosure form and if the seller indicates that there are restrictions or easements, buyer should read them prior to signing the Purchase and Sales Agreement. If the buyer does not understand the legal implications of the restriction or easement, then they should contact their real estate attorney.
4. Buyer’s right to a return of their deposit in the event they are not satisfied with house inspections, such as physical/mechanical, pest infestation and septic system, depends on the inspector finding a substantial / materially deficient condition which has not been disclosed to the buyer prior to the execution of the Purchase and Sales Agreement. This means that the buyer should carefully read the Real Estate Disclosure supplied by the seller prior to signing the Purchase and Sales Agreement to make certain that seller has not disclosed existing deficient conditions on the property in this form. If deficient conditions have been disclosed, the Purchase and Sales Agreement should be amended to indicate that buyer may terminate the agreement based upon these deficient conditions
Matthew Slepkow is a Rhode Island attorney who concentrates in Real Estate law including residential and commercial closings and title law. Mathew is a Partner at Slepkow Slepkow & Associates, Inc. which is one of the largest residential real estate and title law firms in the State of Rhode Island and has performed over 40,000 real estate closings.
Matthew also has substantial experience in Probate Law, Wills, Trusts, Estate Planning, Elder Law, Business / Corporate law and the general practice of law. Mathew is a Professor at Roger Williams Law School teaching Real Estate Transactions. Matthew has a particular expertise in legal issues concerning the Elderly and Senior Citizens in Rhode Island (RI). Particularly, Matt is experienced and is knowledgeable in helping the elderly with Estate Planning and helping them protect their home from nursing home liens.
You can contact Mathew Slepkow at http://www.slepkowlaw.com or by calling him at 401-437-1100.
Article Source: http://EzineArticles.com/?expert=Matthew_Slepkow
You may attempt to negotiate modifications to this agreement and are not obligated to sign the standard form. Prior to signing the Purchase and Sales Agreement, the buyer should contact a Rhode Island lawyer / attorney who specializes in real estate law, residential real estate closings and title law.
This agreement was drafted with the intent to be fair to both buyers and sellers of residential real estate; however, the buyer should not sign this agreement without paying careful attention to all of the provisions including the following provisions:
1. The agreement provides for a certain number of days within which buyer must apply for his/her mortgage. Pursuant to the terms of the standard Rhode Island Purchase and Sales Agreement, if the buyer fails to apply for the mortgage, his deposit will be forfeited. Please make certain that you allow enough days for this application to be made.
2. The agreement provides that if the buyer applies for a mortgage greater than the amount set forth in the Purchase and Sales Agreement, buyer will have no right to obtain a return of his deposit if his mortgage application is denied. Buyer should be certain that the amount filled in for his proposed mortgage is in fact the highest amount that he intends to apply for.
3. The agreement provides that the buyer must accept the property with any easements or restrictions of record that impact the property. The buyer should read the Rhode Island Real Estate Sales Disclosure Form prior to signing the Purchase and Sales Agreement. Rhode Island Law requires that the seller of residential real estate in RI notify the buyer of any restrictions or easements. Buyer should check the disclosure form and if the seller indicates that there are restrictions or easements, buyer should read them prior to signing the Purchase and Sales Agreement. If the buyer does not understand the legal implications of the restriction or easement, then they should contact their real estate attorney.
4. Buyer’s right to a return of their deposit in the event they are not satisfied with house inspections, such as physical/mechanical, pest infestation and septic system, depends on the inspector finding a substantial / materially deficient condition which has not been disclosed to the buyer prior to the execution of the Purchase and Sales Agreement. This means that the buyer should carefully read the Real Estate Disclosure supplied by the seller prior to signing the Purchase and Sales Agreement to make certain that seller has not disclosed existing deficient conditions on the property in this form. If deficient conditions have been disclosed, the Purchase and Sales Agreement should be amended to indicate that buyer may terminate the agreement based upon these deficient conditions
Matthew Slepkow is a Rhode Island attorney who concentrates in Real Estate law including residential and commercial closings and title law. Mathew is a Partner at Slepkow Slepkow & Associates, Inc. which is one of the largest residential real estate and title law firms in the State of Rhode Island and has performed over 40,000 real estate closings.
Matthew also has substantial experience in Probate Law, Wills, Trusts, Estate Planning, Elder Law, Business / Corporate law and the general practice of law. Mathew is a Professor at Roger Williams Law School teaching Real Estate Transactions. Matthew has a particular expertise in legal issues concerning the Elderly and Senior Citizens in Rhode Island (RI). Particularly, Matt is experienced and is knowledgeable in helping the elderly with Estate Planning and helping them protect their home from nursing home liens.
You can contact Mathew Slepkow at http://www.slepkowlaw.com or by calling him at 401-437-1100.
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