Legal Question in Business Law in California
Laws about paying a friend commission to find...
Hi I am both seeking an investor AND selling some business assets. I have a few friends who have connections and I want to offer them a commission if they can find me either buyers or investors. But I was wondering, are there any laws I need to be aware of regarding paying someone a commision to do the above things for me?
This will simply be a verbal agreement between me and them, and I know they don't have business broker license or any kind of license. But that's not for me to worry about legally right?
2 Answers from Attorneys
Re: Laws about paying a friend commission to find...
You and your friends are getting into dangerous territory. Depending on the activity, your friend needs to be properly licensed or risk violating any number of statutes. If you are looking to bring in an investor, you need to be concerned with securities laws, which your friend will most likely be unfamiliar with, as an unlicensed person.
I recommend using licensed professionals. There are reasons why licensing is required.
Re: Laws about paying a friend commission to find...
Laws regarding paying and receiving commissions are generally prohibitions upon their receipt, not their payment, by unlicensed persons; for example, in real estate transactions no one may earn or receive a commission for negotiating or otherwise handling a deal unless licensed.
However, in the world of securities and investments, the law is so tough (to protect the public) that most of the many laws will bite both the securities peddler who solicits the investment AND the issuer of the security. All the terms used in securities and investment laws tend to have very broad meanings, so that almost anyone who puts up money is a protected person and almost any transaction is a covered securities issuance, and almost everyone involved in the deal, including advisors, accountants and lawyers acting for the principals may share responsibility for breaches of the law.
The laws cover disclosures, investor qualifications, advertising and solicitation, registration, situations that are exempt or partially exempt from registration, etc.
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