Orange California Checklist - Certificate of Status as an Accredited Investor

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Multi-State
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Orange
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US-ENTREP-0011-11
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Under SEC law, a company that offers its own securities must register these investments with the SEC before it can sell them unless it meets an exception. One of those exceptions is selling unregistered investments to accredited investors.
To become an accredited investor the (SEC) requires certain wealth, income or knowledge requirements. The investor must fall into one of three categories. Firms selling unregistered securities must put investors through their own screening process to determine if investors can be considered an accredited investor.
The Verifying Individual or Entity should take reasonable steps to verify and determined that an Investor is an "accredited investor" as such term is defined in Rule 501 of the Securities Act, and hereby provides written confirmation. This letter serves to help the Entity determine status.
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FAQ

Do You Have to Prove You Are an Accredited Investor? The burden of proving that you are an accredited investor does not fall directly on you but rather the investment vehicle you would like to invest in. An investment vehicle, such as a fund, would have to determine that you qualify as an accredited investor.

Generally, to qualify as an accredited investor under the net worth test, you must have a net worth that exceeds $1 million, either alone or with a spouse or spousal equivalent, at the time of the sale of the securities.

Individuals who base their qualifications on annual income will need to submit tax and financial documents and will likely also be asked by the investment fund to provide an accredited investor verification letter from either a CPA, attorney, investment broker or other professional advisor.

An individual who, either alone or with a spouse, has net assets of at least $5,000,000. A person, other than an individual or investment fund, that has net assets of at least $5,000,000 as shown on its most recently prepared financial statements.

How to Qualify as an Accredited Investor Provide a detailed questionnaire for the potential investor to complete. Request verification of financial information via financial statements, tax returns or other documents to determine whether income or net worth standards are met.

The SEC defines an accredited investor as either: an individual with gross income exceeding $200,000 in each of the two most recent years or joint income with a spouse or partner exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.

dealer registered with the Securities and Exchange Commission. An investment advisor registered with the Securities and Exchange Commission. A licensed attorney who is in good standing under the laws of the jurisdictions in which he or she is admitted to practice law.

There are essentially three approaches: (1) the issuer itself can verify each investor's status, (2) the investor's accountant, lawyer, or another professional can verify the investor's status, or (3) the issuer can hire a third-party verification service to verify each investor's status.

There are essentially three approaches: (1) the issuer itself can verify each investor's status, (2) the investor's accountant, lawyer, or another professional can verify the investor's status, or (3) the issuer can hire a third-party verification service to verify each investor's status.

Some documents that can prove an investor's accredited status include: Tax filings or pay stubs; A letter from an accountant or employer confirming their actual and expected annual income; or. IRS Forms like W-2s, 1040s, 1099s, K-1s or other tax documentation that report income.

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Orange California Checklist - Certificate of Status as an Accredited Investor