Using accounting terms in contracts

By Rick Colosimo / May 3, 2015 / Comments Off on Using accounting terms in contracts

I recently came across a situation where we used “net revenue” in a bonus plan as part of the calculation to determine what the bonus pool would be. In other contracts, we’ve used “net revenue” to distinguish from “revenue” (aka gross revenue) to deduct things like discounts, credits, returns, and so on. In many of…

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How can I pitch without a general solicitation?

By Rick Colosimo / March 7, 2014 / Comments Off on How can I pitch without a general solicitation?

The redacted email below was sent to the Cornell NYC/ tri-state community – thousands of people. Conveniently, it’s not automatically a securities law violation any more, but this is definitely how to be sure you’ve fallen under the new general solicitation rules, which require a company to take “reasonable steps” to verify that each investor…

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Is that investor accredited?

By Rick Colosimo / February 19, 2014 / Comments Off on Is that investor accredited?

As part of the crowdfunding regulations, the SEC created heightened standards for determining whether an investor was accredited, requiring issuers (that means the startup company) to take “reasonable steps” to determine whether each investor who is part of a general solicitation offering under 506(c) is in fact accredited. Here’s a short overview of these rules,…

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Startup-NY is over-complicated and will under-deliver

By Rick Colosimo / February 19, 2014 / Comments Off on Startup-NY is over-complicated and will under-deliver

A friend recently asked me about Startup-NY, New York’s new program ostensibly designed to help foster startups. As you might expect, the bark is better than the bite. Fundamentally, there are a bunch of complicated rules, exceptions, and requirements, and some conveniently unstated limits. Now, since I think the prerequisites will gut most of the…

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