California Statement or Legend on Stock Certificate - Notice of Restriction on Transfer - Stock not Registered - Intrastate Exemption
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How to fill out Statement Or Legend On Stock Certificate - Notice Of Restriction On Transfer - Stock Not Registered - Intrastate Exemption?
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FAQ
Main Legal Differences The primary legal differences between a registered and unregistered holding company are the SEC compliance regulations to which a registered company must adhere. A registered holding company must comply with generally accepted accounting principles and file its financial reports with the SEC.
Under the U.S. Securities Laws, specifically The Securities Act of 1933, the mere offer to sell a security ? unless there is an effective registration statement on file with the SEC for the offer ? via the Internet can be a felony subjecting the offeror to a 5 year federal prison term.
Registered Securities These are transactions where the company is selling its securities directly to an investor as opposed to an investor buying securities of the company from a private individual or through a stock exchange.
Certain transactions that convey a financial interest are automatically exempt from registration requirements. For example, sale of an interest in a general partnership would not be subject to securities laws because such an interest would not be considered a security.
Only a transfer agent can complete the task of removing a restrictive stock legend. The transfer agent will require an opinion letter from the issuer's counsel or from his or her own lawyer plus 144 papers completed by a broker?stating that the restricted legend can be removed.
The purpose of the restrictive legend or notation is to protect the issuing company from loosing its private placement exemption for the initial sale of the securities and to notify the investor that the restricted securities cannot be resold into the public securities market without satisfying certain requirements.
Unregistered shares have fewer investor protections and pose different kinds of risks than registered securities. As a result, companies can only sell unregistered shares to "qualified investors." To be considered a "qualified investor," you must be a high-net-worth individual (HNWI) or a high-income investor.
