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Public or Private Offering Of Equity Or Debt

Structuring a Public or Private Offering of Equity or Debt

A public or private offering of equity or debt must be carefully crafted. Federal and state laws closely mandate the structure, nature and substance of a public or private offering of equity or debt.

Whether you are looking to have investors put their resources or talent into your company or you are looking to invest in a business opportunity yourself, you need to know the laws that will govern the investment. The court system is clogged with investors and investees who thought they knew what they were getting into. Furthermore, the tax ramifications of a failed investment can go beyond just the loss of the investment itself.

If a business opportunity has presented itself to you as an investor or buyer, make sure you perform the due diligence necessary to protect yourself. Make sure you know how to approach the investment. Talk to an attorney with the right experience.

Help Raising Capital | Help Fixing Problems

Why is the management of a public or private offering crucially important?  At Janathan L. Allen, APC, our lawyers represent companies and individuals who wish to raise capital, as well as individual investors who have lost money on bad investments. We have decades of experience in matters with state, federal and international tax implications. We can provide advice regarding:

  • Entity formation and its impact on a business and individual-tax level
  • Proper subscription agreements: We can write airtight subscription agreements at a lower cost than that charged by other firms, without the risk that a templated agreement can bring.
  • The need to vet a prospective buyer, investor or investment
  • Fraud-related litigation involving investments
  • Proper accounting procedures

Business owners, partners, members and executives must be cautious of federal securities laws and the California commercial code.  There are draconian financial, civil and criminal penalties for conducting a public or private offering in the wrong manner.

Personal Retirement Accounts

When companies are raising money, investors might dip into their personal retirement accounts, thinking that they are making a legitimate investment. If the entity was not set up properly, though, and the investment turns out to be poor, it can result in the loss of the funds invested and the penalties that can come with the early withdrawal of the retirement accounts.



Practices Areas

Contact Us To Learn More About Allen Barron's Services

For more information or to discuss your tax, legal and accounting needs contact Allen Barron or call 866-631-3470 for a free and confidential initial consultation. Learn about the importance of integrated business strategy and coordination across legal, tax and accounting systems.

Offices of Allen Barron, Inc.

Main Office

16745 West Bernardo Drive, Suite 260
San Diego, CA 92127
Phone: 858-304-0947
Phone: 866-631-3470
Fax: 858-376-1410

San Diego Office

5720 Oberlin Drive
San Diego, CA 92121
Phone: 866-631-3470
Fax: 760-741-1410

Las Vegas Office

333 South Sixth Street, Suite 230
Las Vegas, NV 89101
Phone: 702-749-4430
Fax: 702-933-1748

San Diego Office

750 B Street, Suite 2610
San Diego, CA 92101
Phone: 619-702-8356
Fax: 619-923-8356

San Francisco Office

300 Montgomery Street, Suite 410
San Francisco, CA 94101
Phone: 415-481-0475
Fax: 415-762-1539

Phoenix Office

40 North Central Avenue
Phoenix, AZ 85004
Phone: 602-903-7018
Fax: 602-357-1655