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How legal is SL finances?

Dzonatas Sol
Visual Learner
Join date: 16 Oct 2006
Posts: 507
09-15-2007 07:56
From: Colette Meiji
Actually the real question all this SL finance stuff begs is how legal it all is.

I wonder if one of the actual lawyers who read these forums would have a guess. If instead of L$ it was US$ are all these privately traded securities legal?

I do not think any of these institutions are at all insured, nor report interest paid to investors for tax purposes.

As weve seen with the gambling issue - Just calling it a fake currency does not necessarily mean you can avoid legal requirements.


I posted your question here to find answers.
Victorria Paine
Sleepless in Wherever
Join date: 13 Jul 2007
Posts: 1,110
09-15-2007 08:20
It's not tested.

The issue is whether these are "securities" within the meaning of the 1933 Act and the 1934 Act. There's a lot of lore about that definition, but as far as I am aware none of it directly addresses the issue of whether a stakeholding in a virtual enterprise is a covered "security". The argument that it *should* be a s security is that it is, economically, an investment in a company that is akin to what would be the case with a RL entity. The argument *against* it is that the entity does not exist in the RL, and that therefore these kinds of transactions are not the kinds of transactions that are intended to be covered by the 33 and 34 Acts. I think, on balance, you might get the SEC interested if the scale got large, and began to involve significant numbers of people and/or significant amounts of RL money.
Brodsky Zapedzki
Registered User
Join date: 30 Mar 2007
Posts: 337
09-15-2007 08:24
From: Victorria Paine
I think, on balance, you might get the SEC interested if the scale got large, and began to involve significant numbers of people and/or significant amounts of RL money.

Roughly how significant amounts would that be? More than 100k?
Dnate Mars
Lost
Join date: 27 Jan 2004
Posts: 1,309
09-15-2007 08:46
From: Victorria Paine
It's not tested.

The issue is whether these are "securities" within the meaning of the 1933 Act and the 1934 Act. There's a lot of lore about that definition, but as far as I am aware none of it directly addresses the issue of whether a stakeholding in a virtual enterprise is a covered "security". The argument that it *should* be a s security is that it is, economically, an investment in a company that is akin to what would be the case with a RL entity. The argument *against* it is that the entity does not exist in the RL, and that therefore these kinds of transactions are not the kinds of transactions that are intended to be covered by the 33 and 34 Acts. I think, on balance, you might get the SEC interested if the scale got large, and began to involve significant numbers of people and/or significant amounts of RL money.

You are also assuming that these are US companies. Many of these are offshore, so they would fall under any rules that the country they are located in.
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Dzonatas Sol
Visual Learner
Join date: 16 Oct 2006
Posts: 507
09-15-2007 08:55
There is also the case of where the transaction occurs. While the companies may be in country A and country B, the transaction itself occurs in country C.
Victorria Paine
Sleepless in Wherever
Join date: 13 Jul 2007
Posts: 1,110
09-15-2007 08:58
From: Dnate Mars
You are also assuming that these are US companies. Many of these are offshore, so they would fall under any rules that the country they are located in.


Not really no. The SEC takes the view that any solicitations of US residents directly makes that security subject to US regulation, unless an exemption applies. The SEC is concerned not about where the transaction takes place, but where the offerees/investors are. If they are in the US, it doesnt matter if the deal is closed in the Bahamas, it's still subject to US law.
Chas Connolly
Registered User
Join date: 24 Jan 2007
Posts: 1,433
09-15-2007 09:28
As far as I know, none of the so-called financial institutions in SL are regulated, so you should never, ever hand over your your money to them. You have absolutely no legal recourse if they scarper with your hard-earneed L$.
Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
09-15-2007 14:26
From: Victorria Paine
Not really no. The SEC takes the view that any solicitations of US residents directly makes that security subject to US regulation, unless an exemption applies. The SEC is concerned not about where the transaction takes place, but where the offerees/investors are. If they are in the US, it doesnt matter if the deal is closed in the Bahamas, it's still subject to US law.


Also - since LL is in San Francisco - do any of these funds even truly count as only "off shore" investment websites?

Or are they required to behave as Any other company using a US website hosting service?
Victorria Paine
Sleepless in Wherever
Join date: 13 Jul 2007
Posts: 1,110
09-15-2007 17:28
From: Colette Meiji
Also - since LL is in San Francisco - do any of these funds even truly count as only "off shore" investment websites?

Or are they required to behave as Any other company using a US website hosting service?


No that's right, in fact. Everyone's "assets" and "avatars" in SL are based in the US (either SF or Texas), so there is a good jurisdictional argument that US federal and state law applies to anything that happens on the servers. Again, not tested in this context as to whether the SEC would care about a securities offering from a German owned SL entity that was limited to investors in Zimbabwe -- but there is a jurisdictional argument that if the SEC chose to express an interest in that, there would be jurisdiction to do so based on where the servers are located.
Dzonatas Sol
Visual Learner
Join date: 16 Oct 2006
Posts: 507
09-15-2007 18:28
From: Victorria Paine
Everyone's "assets" and "avatars" in SL are based in the US (either SF or Texas)


That could be said for pure money, but many transactions are based on IP instead of any monetary value.
Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
09-15-2007 19:47
From: Dzonatas Sol
That could be said for pure money, but many transactions are based on IP instead of any monetary value.


Yeah - but all these stocks and bonds and "banks" and stuff are just money.