Legal Question in Securities Law in California
Procedure for minor to subscribe to Rule 504 Reg.D offering as accredited invest
If a minor who qualifies as an accredited investor wishes to subscribe to a 504 Reg D. offering, who must complete the subscription agreement on his behalf, the parent, or trustee of moneys?
1 Answer from Attorneys
Re: Procedure for minor to subscribe to Rule 504 Reg.D offering as accredited in
What do you mean by "accredited investor?" There are virtually no standards restricting the kind or type of investor in a 504 offering. Consequently it is a good place for scam artists (you wouldn't by any chance be a scam artist?) to take money from widows and orphans. To answer your question, the person with legal authority over the minor's money would be the one responsible for taking the risk; so if there is a trust, then the trustee should do it. In my opinion, however, the trustee who agrees to make such an investment on behalf of a beneficiary should be prepared to "guarantee" the investment, because if the investment went sour, the beneficiary could later sue the trustee's pants off for breach of fiduciary duty. Before taking such a risk, you and all persons involved should cheerfully pay the fees required to consult with a real attorney about the matter.
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