We recently had a speaker in Oklahoma City who came to talk about how to borrow money from private lenders. That speaker shall remain nameless in this article.
He presented some excellent information on how to get private money from friends, family, and associates. And he told us how he had gotten his first private lenders by doing some limited advertising to bring together a group in which he did a presentation.
The presenter left us with the impression that we, too, could use do limited advertising within our own State to attract local private lenders as long as we let our State Security Exchange Commission know what type of advertising we intended on doing.
I was curious about these disclosures, so I contacted our Oklahoma Security Exchange Commission. The regulator I spoke to was very helpful. I described the type of mortgaged backed note that I wanted to offer. I asked him about what I needed to do in order to stay in compliance with Oklahoma Securities laws.
He referred me to Section 202 of the Oklahoma Uniform Securities Act of 2004. It states that “[a] transaction in a note, bond, debenture, or other evidence of indebtedness secured by a mortgage [is exempt from registration] if…a general solicitation or general advertisement of the transaction is not made.”
Section 202 therefore seems to indicate that if you plan to advertise in an attempt to attract private lenders in the state of Oklahoma, you must register the security with the Oklahoma SEC.
Registration is a big deal because of the cost and effort involved. In discussing this with a few securities attorneys, it appears that it would cost $20,000 to $25,000 in legal fees.
When I asked the SEC regulator about what can happen to someone who attempts to advertise an unregistered security, it didn’t sound pleasant. He suggested it would cost must more in legal fees for that person to defend themselves for such a transgression.
He said it almost always bankrupts a business when this occurs.
Clearly, one would be ill advised to pursue the advertising suggested by the presenter. Friends, family, and associates are still in play.




Sun, Feb 28, 2010
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