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CA AB2081

Bill

Status

Engrossed

5/21/2012

Primary Sponsor

Manuel Perez

Click for details

Origin

State Assembly

2011-2012 Session

AI Summary

  • Exempts offerings using general solicitation or general advertising from qualification requirements until January 1, 2016, provided sales are made only to accredited investors and aggregate offering price does not exceed $1,000,000 (less amounts sold in prior 12 months).

  • Requires issuers to verify purchasers are accredited investors, obtain completed offeree questionnaires, provide written disclosure including business details and risk factors, and maintain suitability documentation for four years.

  • Mandates a 24-hour waiting period after providing required information and gives investors the right to void contracts within 72 hours of sale.

  • Limits individual natural person investments to 5 percent of net worth per offering and requires issuers to file notice with the Commissioner within 15 days after first sale, paying specified fees.

  • Provides purchaser remedies including rescission rights, attorney's fees, and potential treble or punitive damages if offerings fail to meet all terms and conditions; places burden of proof on issuer to demonstrate exemption requirements were met.

Legislative Description

Securities transactions: qualification requirements:

Last Action

Read third time. Urgency clause refused adoption. (Ayes 11. Noes 25. Page 5093.)

8/31/2012

Committee Referrals

Appropriations8/15/2012
Judiciary8/7/2012
Rules5/21/2012
Banking and Finance3/8/2012

Full Bill Text

No bill text available