Can Blue Sky Laws Break Through the Clouds?

Harris Beach PLLC
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Though their name implies perfect clarity, Blue Sky Laws are notoriously unclear, especially when it comes to each state's unique set of requirements. The ambiguity plaguing Blue Sky Laws arises from a lack of authority and guidance at the state level to shed clear light on legalities. Although federal law can offer some insight, the lack of clear terms poses challenges for compliance when it comes to registration , notice filings and other requirements related to the offer and sale of securities within a certain jurisdiction. Failure to satisfy the Blue Sky requirements, which vary throughout states and U.S. territories, can result in state securities commission enforcement actions, including cease and desist orders. It can also lead to litigation for injunctive and other relief, or for refunds.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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