General Solicitations And Sell Securities

The US Securities and Exchange Commission (SEC) is the US federal agency that holds the primary mandate to enforce federal securities laws and regulations to control the securities industry and the country’s stock exchange and regulation of all activities and organizations including the US electronic securities market. The SEC is committed to promoting a market environment that yields public trust characterized by integrity to attain its mission of protecting investors through maintenance of fair and efficient markets through facilitation of capital information (Basagne, 2010). The SEC financing is a major area of focus since there has been major concern regarding the SEC agency financing and whether they utilize the

The Securities and Exchange Commission has the mission of protecting investors by maintaining fair, orderly and efficient markets. The SEC does this in a number of ways, and firms need to pay attention to these ways in order to ensure SEC compliance. The SEC has enforcement authority over a number of areas related to the nation's capital markets, including insider trading, accounting fraud, and providing false information. The SEC's jurisdiction extends to all securities that are traded publicly. Privately-held companies do not need to register with the SEC (SEC.gov, 2012).

The SEC assists in providing investors with reliable information upon which to make investment decision. The Securities Act of 1933 requires most companies planning to issue new securities to the public to submit a registration statement to the SEC for approval. The Securities Exchange Act of 1934 provides additional protection by requiring public companies and others to file detailed annual reports with the commission. Smackey Dog Food, need to file next forms:

“There must be a strict supervision of all banking and credits and investments; there must be an end to people’s speculation with other money (pg 92).” The SEC was designed to keep security on Wall Street.

The Private Securities Litigation Act of 1995 but later overridden as the Private Securities Litigation Reform Act of 1995, was designed to stop or to limit non-serious securities

The far majority who invest in the stock market or a type of security hope that their investment escalates in value or price. However, others execute investments based on the opposite taking place; they hope that the price of the security declines. These investors are practicing short selling. Numerous renowned examples of short selling exist, one of which, the shorting of mortgage backed securities during the real estate bubble in 2008. A number of critics find short selling unethical while others feel it necessary to maintain a balance in the market.

On day 1 promulgate a "proposed rule" (regulation) amending 31 CFR 130.121 to redefine applicable financial institutions

Following a number of discovered fraud scandals committed by well-known corporations and in order to restore public confidence in the stock market and trading of securities, the United States congress passed the Sarbanes-Oxley Act in the year 2002. As a result of the act endorsement by the New York Stock Exchange and the Securities and Exchange Commission, among many other national overseeing committees, a number of rules and regulations were proposed and adopted and that demanded new processes and programs be instilled for ensuring compliance with the requirements of the new law. The new rules and regulations pertaining to the enacted law have a common goal:

For-profits can generate capital through public (e.g. federal finance aid) and private (e.g. stock offerings) means as well as engage in lobbying to produce a more favorable regulatory climate. These revenue streams have brought sizable profit margins and market share for propriety institutions (2007). However, these streams resulted in increased regulation and governmental oversight from accrediting agencies for federal financial aid and the Securities and Exchange Commission.

28. GERARD WARRENS, does not qualify for a registration exemption under Arizona or federal law. GERARD WARRENS conduct in selling unregistered securities, thus violating Arizona and federal securities laws. Although GERARD WARRENS was acting as a dealer or dealer for the securities or "investments", neither WARRENS, individually, nor the Arizona limited liability company (STEALTH SOFTWARE, LLC) nor the foreign business entities, nor their managers, members or officers are registered as dealers or salespersons under Arizona or federal securities laws.

The sales scheme used by Glen W. Turner Enterprises Inc. is a security that should have been registered with Securities and Exchange Commission. The Securities Act of 1993 defines security as a stock, agreement, investment contract or certificate that gives a right to purchase or subscribe to a product or service. In SEC v. Howey Co. (1946), the court defined securities as a contract, offering, or transaction involving an individual making an investment in a common enterprise and expecting proceeds from a third party’s efforts.

Rule 10B-5 was created under the Securities Exchange Act of 1934. It is a regulation known as the Employment of Manipulative and Deceptive Practices that states that it is not legal to make any false statement of material fact with scienter or leave out any material facts that would cause the statement to be misleading in concert with the purchase or sale of any

These acts were a violation of the Securities Act of 1933. The objectives of the Securities Act of 1933 are that investors obtain accurate reports of a company's commerce and to prevent misleading securities sales (USSEC, 2007). Although, the USSEC cannot guarantee the information provided by each company; the Securities Act of 1934 grants authority to the USSEC with disciplinary authorization (USSEC, 2007).

The Act was criticized for being made appropriate to all foreign issuers listed on a U.S. exchange, even though several of the behavior the Act targeted was either a non-issue in foreign countries or was already efficiently regulated. According to Fraser, I. (Oct., 2002) this broad extraterritorial scope is particularly problematic given that the SEC has encouraged foreign issuers to enter U.S. capital markets by providing several accommodations to foreign practices and polices not inconsistent with the protection of U.S. investors. Foreign companies dispute that, as of the end of 2001, more than 1,300 foreign issuers had entered U.S. capital markets and became reporting companies in reliance on the SEC's accommodations.

Securities regulations began when Congress enacted the Securities Act of 1933 in reaction to the 1929 Stock Market Crash—the infamous start of the Great Depression. The legislature created the 1933 Act to safeguard the economy from experiencing another event like the Great Depression. The objective of the Securities Act of 1933 was to “require that investors receive financial and other significant information concerning securities being offered for public sale; and prohibit deceit, misrepresentations, and other fraud in the sale of securities.” In other words, the Securities Act of 1933 required issuers to fully disclose all material information that a reasonable shareholder would require in order to make up his or her mind about a potential investment. The Act focuses on governing offerings by issuers and creating transparency between issuers and investors so that investors receive more protection than prior to the Act.