M&A exemption / finder’s fees
June 21, 2024
by a searcher from Ohio State University in United States
Are there any legal advisors available to advise on finder’s fees? I believe the exemption specifically would not work for stock sales. I’m also curious about finders fees when real estate is part of the transaction.
from The University of Chicago in Chicago, IL, USA
I was at the forefront of getting the 1934 Securities Act changed. The President signed the new law on###-###-#### It went into effect after 90 days. Here are the key points. 1) Anyone can broker a business in either an asset or a stock structure if the seller's reported EBITDA is <$25 M or sales are <$250 M provided the buyer is "active" after the transaction. There are few more conditions, like the broker cannot be a party to financing the buyer except commercial lenders, the criminal record, and more. 2) The new law does not change any RE laws at the State level. As mentioned above, 17 states require RE license for a sale of RE. To my knowledge, lease transfer is not a RE transaction unless you collect commission. 3) As ^Jeff Snell said, the laws apply to the "activity" not to the form of engagement. 4) There are exceptions for a "finder" to get paid since###-###-#### They have not changed. 5) The new law applies to buy-side or sell-side brokers. 6) Trade associations are working with NASAA to harmonize all State level securities regulations. NASAA is an association of all State regulators.
happy to talk.
from Dartmouth College in Los Angeles, CA, USA