law

The End of Small Business Financing with IRA and 401k Funds? (Part 3)

Ok, now it's time to solve the mystery. (Final Post) [see previous here] In 1978 Jimmy Carter reorganized the government with this order, and this took the issue of retirement account prohibited transactions away from the domain of the IRS and gave it to the Department of Labor (DOL). This fact … [Read more...] about The End of Small Business Financing with IRA and 401k Funds? (Part 3)

The End of Small Business Financing with IRA and 401k Funds? (Part 2)

[This is a continuation of a previous post. You should read that one first so this makes sense.] The IRS Responds For the first time ever, the IRS actually addressed the "financing a small business with an IRA or 401(k)" strategy. They called it "ROBS" for "roll over business startup," and issued … [Read more...] about The End of Small Business Financing with IRA and 401k Funds? (Part 2)

The End of Small Business Financing with IRA and 401k Funds? (Part 1)

Guidant calls it Audeo. Benetrends calls it Rainmaker. SDCooper calls it ERSOP. It goes by many names and it's gotten a lot of attention from the franchise industry and, as of about a year ago, the IRS. The IRS calls it "ROBS" for Roll-Over Business Startup. What is it? It's a strategy where a … [Read more...] about The End of Small Business Financing with IRA and 401k Funds? (Part 1)

Eliminating securities problems – Part 2

I previously discussed what a security is and who are accredited investors. Non-accredited investors are typically excluded from most syndicated private placements. This is part of the cause of the investor isolation in the self directed IRA/401k marketplace. The stock market's growth has been … [Read more...] about Eliminating securities problems – Part 2

Eliminating securities problems – Part 1

There's a case (the Howie case - can somebody provide me a good link that explains it?) that defines a security as an investment contract in which a person invests their money into a pool and expects to receive a profit solely from the efforts of others. So typically, when a person invests in … [Read more...] about Eliminating securities problems – Part 1