2 ms·
Right. I am not a lawyer (writer here), but read this page (as called out in the article) about Rule 506(c). https://www.sec.gov/education/smallbusiness/exempt
by gjsman-1000 4y ago
Right. I am not a lawyer (writer here), but read this page (as called out in the article) about Rule 506(c).
https://www.sec.gov/education/smallbusiness/exemptofferings/rule506c https://www.sec.gov/education/smallbusiness/exemptofferings/...
The requirement they seem to follow is: "all purchasers in the offering are accredited investors and the issuer takes reasonable steps to verify purchasers’ accredited investor status"
Purism argues that everyone must be an accredited investor; but they state they take no steps to verify anyone. They even say that it is impossible to comply with the law ("since there is no way for Purism to validate your accredited investor status"). Well, what is it then? Are they securities or not? If they aren't securities, why the accredited investor requirement? Are you instead going under Rule 504, which seems to prohibit anything publicly offered? If 504 doesn't work and you are ignoring a requirement for 506, is there some other section, or is it just (arguably) flat-out illegal?
It doesn't take a lawyer to say that something's fishy. While the law is probably fuzzy on what that verification requires, Purism could at least just call people on the phone, and say, "hey, we need accredited investors, are you one? Do you fully understand what this means and what your obligations are?" And record the response for legal purposes.
- quesera 4y agoI've seen these "reasonable steps" devolve to requiring the purchaser to explicitly state that they qualify in a legal document (contract).
- glenngillen 4y agoI am not a lawyer, but I am apparently an "accredited investor". I have, multiple times, had to pay my accountant to generate a document where he attests that I meet the criteria to be considered an accredited investor so that I could invest in some startup. Easiest money my accountant ever makes. And the effort for the startup/founders is "sorry, we can't send you a term sheet until we get a certification of your accredited investor status from a licensed tax professional. We hope you understand". For Purism to claim it's impossible to do this is demonstrably bullshit.