QUESTION

I am considering starting an unusual business and would like your opinion on whether I am likely to run into any legal obstacles.

Asked on Nov 08th, 2011 on Business Law - Florida
More details to this question:
I am considering starting an unusual business and would like your opinion on whether I am likely to run into any legal obstacles. My idea would start by purchasing a small number of assets. I would then sell the cash these assets produce to anyone willing to pay a small fee. The sale of this cash would be done in such a way that those who pay the fee for a given time period would receive an equal share of the cash that is available for that period. The collected fees would then be used to purchase more assets. My questions are 1. Is such a business plan legal? 2. Will there be legal problems in selling cash the way this plan envisions? 3. Additionally, I know this next question could be out of your jurisdiction but what could be some of the possible tax issues I could be facing? Thank you for your time.
Report Abuse

1 ANSWER

This is a very complex question even though it might appear straightforward.  I believe that the primary legal issues you may need to address are securities law issues (requiring among other things disclosure and sometimes filings to investors, governments, etc.).  Other concerns might be establishing default rights, confidentiality, collateralization, etc.  Many more facts would need to be identified and addresses. You are not selling cash - you are selling the opportunity to particulate in the cash flow of a business (or asset).   Who bears the risk if the cash flow should stop or be less than what is expected?  Who gets the benefit if the cash flow increases?  Who is responsible for managing the assets? You really need to consult with an attorney who is able to analyze al of the specific facts and details. As for tax issues, again, without more details it is not possible to even begin to provide any guidance. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Answered on Nov 09th, 2011 at 1:13 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters