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Q: Is there any kind of financial entity/company/trust(?) i can create w/ my own $? ( No Answer,   2 Comments )
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Subject: Is there any kind of financial entity/company/trust(?) i can create w/ my own $?
Category: Business and Money > Finance
Asked by: nothingmanman-ga
List Price: $20.00
Posted: 23 Feb 2006 06:06 PST
Expires: 25 Mar 2006 06:06 PST
Question ID: 448765
Is there any kind of financial entity/company/trust(?) i can create w/ my own $?

I'm been investing for a couple years now and humbly have done very
well, accumulating >$400k in 2 years starting with about $10k.  I was
wondering if there are any financial vehicles/entities/trusts that i
can start that would have the following advantages:

 - allow me to use all my own money, and if possible, monies from my
direct family and close friends.  Money would need to be available for
withdrawals at "any time" (i.e. not stuck in the company/entity and
not required to be used for specific things like certain trusts).
 - allow me to be an employee of the company/entity, while witholding
a salary and benefits (health insurance, life insurance, 401-k?). 
Health insurance is very important to me.
 - allow me to make all the decisions (my family and friends would
have no problem signing a waiver/contract of the like).
 - would not require significant certifications/filing in order to do
this.  I have a CPA & masters, and would have no problem getting other
relavent certifications (series 65, among others), but would think
twice if i have to commit myself to longer periods (i.e. CFA,
"chartered financial analyst" would require 3+ years to study & test).
 - if others decide to put their money in the company (i.e.
family/friends), would they be required to be "accredited investors"? 
I believe the answer is yes, but maybe not?  At the very least,
hopefully there is some loophole for direct family members?

(FYI, if it matters, i live in Massachusetts)

thanks very much and a detailed, well-thought out (and referenced)
answer would be greatly appreciated.

nothingmanman
Answer  
There is no answer at this time.

Comments  
Subject: Re: Is there any kind of financial entity/company/trust(?) i can create w/ my own $?
From: ubiquity-ga on 23 Feb 2006 15:17 PST
 
check seclaw.com

I have seen similar questions there with very well thought out answers.

http://www.seclaw.com
Subject: Re: Is there any kind of financial entity/company/trust(?) i can create w/ my own $?
From: d_squared-ga on 02 Mar 2006 04:23 PST
 
I am not able to give any answers about Massachussetts, but here are
some observations on the basis of general common law principles. 
First up, there is no solution on earth that will let you manage money
for the general public without quite a lot of certification.  There is
a grey area here; if you and John Doe want to set up a partnership and
invest on the stock exchange then it is your right to do so, but you
are not allowed to "solicit" investments from John Doe unless you are
prepared to set up a proper asset management business with a lot of
registration.  The distinction between two guys saying "let's do it"
and soliciting regulated business is the sort of thing that keeps
lawyers making money, naturally.

A fairly easy way to achieve your objective would be to set up a
partnership or a company, with you as the managing partner or majority
shareholder.  If you put the capital into the company in the form of
directors' loans it could be moved in and out pretty easily, and the
company would be able to pay you a salary and health insurance if that
is important to you.  But you would need to be pretty sure that the
people you were dealing with would always get along with you (even if
investment performance turned nasty) because things always get messy
when you try to dissolve something like this once and for all.

Whatever you do, I can set your mind at risk on one thing; although
setting up a business to manage investments can be a bit tedious in
terms of regulatory compliance, there is no requirement on you to be a
CFA - yet.

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