This is a basic primer describing the Corporate Transparency Act (“CTA“) which was enacted into federal law on January 1, 2021 as part of the Anti-Money Laundering Act of 2020 and became effective January 1, 2024. The...more
2/5/2024
/ Anti-Corruption ,
Anti-Money Laundering ,
Beneficial Owner ,
Corporate Transparency Act ,
Corruption ,
Financial Crimes ,
Financial Regulatory Reform ,
FinCEN ,
National Security ,
Reporting Requirements ,
Shell Corporations
Episode 3 – Information Required to be Reported and Who is a “Beneficial Owner” -
Episode 1 in our series outlined the purpose behind the Corporate Transparency Act (“CTA”) and Episode 2 described what constitutes a...more
Episode 2 – Reporting Companies and Exceptions -
Episode 1 in our series outlined the purpose behind the Corporate Transparency Act (“CTA”) and provided an overview of the CTA and the most recent proposed regulations. This...more
More regulatory requirements are coming from the federal government for small to mid-sized businesses. Other than tax filing requirements, such as obtaining a tax ID number or possible securities filings, the federal...more
The Supreme Court handed down its decision in the South Dakota v. Wayfair, Inc. on June 21, 2018. For those businesses that make extensive use of Internet sales, the decision now stands to change the competitive landscape of...more
6/25/2018
/ Appeals ,
Commerce Clause ,
Constitutional Challenges ,
Internet Retailers ,
Interstate Commerce ,
Out-of-State Companies ,
Physical Presence Test ,
Quill ,
Reversal ,
Sales & Use Tax ,
SCOTUS ,
South Dakota v. Wayfair ,
Substantial Nexus
The real estate development market continues to open up to crowdfunding, and the changes to capital raising for real estate projects could be significant if only a small portion of the potential of these new methods take...more
9/17/2015
/ Accredited Investors ,
Capital Formation ,
Crowdfunding ,
Due Diligence ,
General Solicitation ,
JOBS Act ,
Mortgage REITS ,
Popular ,
Real Estate Development ,
Real Estate Investments ,
Regulation D ,
REIT ,
Rule 506 Offerings ,
Securities and Exchange Commission (SEC)
The next few years may be the largest watershed event in opening up private equity capital since the 1980s when Regulation D was first published by the Securities and Exchange Commission (“SEC”). By allowing general...more
8/25/2015
/ Accredited Investors ,
Capital Formation ,
Entrepreneurs ,
Final Rules ,
JOBS Act ,
Offerings ,
Private Equity ,
Private Offerings ,
Regulation D ,
Rule 506(c) ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Small Offering Exemptions ,
Venture Capital
Since the enactment of the Jumpstart Our Business Startups Act (the “JOBS Act”) in 2012, the Securities and Exchange Commission (“SEC“) has slowly been making its way through the titles to the JOBS Act to promulgate the final...more
Sands Anderson’s Commercial Real Estate Team followed the 2015 Virginia legislative session for bills related to the real estate industry. Below is our selection of the top five we felt you would find most relevant to your...more
In this series we have considered the problem of a rogue CFO, or other executive officer, who defrauds or steals from the company. The focus has been on measures that are designed to prevent the high-level fraud from...more
Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...more
5/29/2014
/ Americans with Disabilities Act (ADA) ,
Background Checks ,
C-Suite Executives ,
CFOs ,
Consumer Bankruptcy ,
Credit Reports ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
FBI ,
Hiring & Firing ,
Public Records ,
Title VII
Our second article in the series, “Rogue CFO,” covers some common sense processes that all too often are missing in smaller businesses – workable controls and verification. ...more
Small, privately owned corporations deal with all types of challenges: competition, government regulations, recessions, rising cost of benefits for employees —the list is long. But one area that seems to be a persistent...more
Many small-to-medium sized businesses urgently need equity capital but, because of legal restrictions and the expense of raising private venture capital, these firms often give up on traditional methods of capital raising. ...more