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Blog #6 (You may not know it, but you've just issued a security; Tony Gwynn)

September 7, 2011

Thanks to my colleague Howard Unterberger for this week's legal portion.

You're a doctor forming a medical practice which you'll manage and which you'll own jointly with several of your colleagues. You and several friends are forming a partnership to purchase a rental property. You've obtained a loan for your business which you've agreed to repay, in part, with a percentage of your profits.

What do these and countless other similar situations have in common? In each case, you are issuing a security. Many people believe that the securities laws just cover stock issued by corporations, and they're quite surprised to learn that many seemingly routine business transactions are covered as well. A security, under both state and federal securities law, can include any investment made with the expectation of making a profit from the efforts of other people.

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