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Legal Disclosures for Fresno Capital Access Portal Tier II Finders
Fresno Capital Access Portal Tier II Finders are exempt from broker-dealer registration under specific conditions as outlined by the SEC. This exemption allows individuals to assist businesses in raising capital from accredited investors while complying with certain limitations and requirements.
Permitted Activities for Tier II Finders
Tier II Finders at Fresno Capital Access Portal are authorized to engage in the following activities to help businesses raise capital:
- Identifying, screening, and contacting accredited investors on behalf of an issuer.
- Distributing offering materials provided by the issuer to potential investors.
- Discussing information contained in the offering materials (without providing advice on the valuation or advisability of the investment).
- Arranging and participating in meetings between issuers and potential investors.
Conditions for Tier II Finders
In order to operate under the Tier II Finder exemption, Fresno Capital Access Portal Tier II Finders must comply with the following conditions:
- The issuer is not required to file periodic reports under Section 13 or Section 15(d) of the Exchange Act.
- The issuer’s offering is conducted in reliance on an exemption from registration under the Securities Act.
- The Finder does not engage in general solicitation or advertising.
- The potential investors are accredited investors, as defined in Rule 501 of Regulation D, or the Finder has a reasonable belief that they qualify as accredited investors.
- A written agreement is in place between the Finder and the issuer, detailing the services provided and the Finder’s compensation.
- The Finder is not affiliated with any registered broker-dealer.
- The Finder is not subject to any statutory disqualification under Section 3(a)(39) of the Exchange Act at the time of participation.
Prohibited Activities
Fresno Capital Access Portal Tier II Finders are strictly prohibited from:
- Structuring or negotiating the terms of any securities transaction.
- Handling investor funds or securities, or binding the issuer or investor in any capacity.
- Preparing or creating sales materials.
- Performing independent analysis or due diligence on the offering.
- Providing financing assistance for investments.
- Offering advice on the valuation of the issuer or the financial advisability of the investment.
Additional Requirements for Tier II Finders
Due to their broader participation in capital-raising activities, Tier II Finders must meet additional requirements, including:
- Disclosure of Role and Compensation: Tier II Finders must disclose their role and the compensation they will receive to potential investors before or at the time of solicitation.
- Investor Acknowledgment: Before or at the time of investment, investors must provide a dated, written acknowledgment confirming they have received the required disclosures.
These disclosures ensure transparency in the capital-raising process and protect both issuers and investors. Fresno Capital Access Portal Tier II Finders must operate within these boundaries to maintain compliance with regulatory requirements.