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Types of Federal Licenses to Import. Produce, or Sell Alcohol
There are several federal licenses you need before you can produce, sell, or import beverage alcohol. The distilled spirits plant license is required if you plan to distill or bottle alcohol. Bonded winery requires a federal license, this is one that produces their own wine, or bottling houses that bottle wine in mass from vineyards.
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Brewers Notice Breweries Brewpubs
In order to begin operations as a brewer, or a brewpub you need a brewers notice. A brewers notice is required for anyone who brews beer, or produces beer for sale. Anyone who produces beer and is tax exempt, is not considered a brewer, basically those people are considered home brewers.
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Importer Wholesaler Requirements & Alcohol Export
Under the Federal Alcohol Administration Act and the regulations issued pursuant to (27 CFR [art 1), any person, except an agency of the State, or political subdivision, or any officer or employee of any such agency, intending to engage in the business of importing distilled spirits, wines, or beer for nonindustrial use is required to procure a permit.
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Federal Definition Distilled Spirits Alcohol
Distilled spirits, as defined by the federal government, is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including dilutions and mixtures thereof, for non industrial use. Fortified wines, such as Port, Sherry, and Vermouth, are not considered distilled spirits.
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What is Crowdfunding with Kendall Almerico
Since 2013 crowdfunding has grown from a 7 billion dollar industry, to a 34.4 billion dollar industry in 2015. Just 2 short years the crowdfunding industry has quadrupled globally. A phenomenal growth, crowdfunding took the power of raising money out of the hands of Wall Street and put it into the hands of the people.
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What is Equity Crowdfunding with Kendall Almerico
Equity crowdfunding is where you are actually purchasing shares in a company, receiving stock or the right to purchase stock. If the company becomes successful and shows a profit, just as they would any stockholder, they would then share those profits with you.
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Title II of the JOBS Act with Kendall Almerico
JOBS Act Title II is what we consider “Accredited Investor Crowdfunding”, where you can offer private placements only to accredited investors online. An investor can read the documentation online and can invest through an online source.
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Title III Equity Crowdfunding Legal Overview
Title III, or regulation CF, is equity crowdfunding. Any sale, or offering by an initiator under a million dollars, can be done, but there are limits. No individual can invest, the greater of 2,000 or 5% of the net worth of the investor. If the annual income, or net worth of the investor, is less than 100,000, you are limited to the amount you can invest. If either of those amounts are above 100,000, you are allowed to invest up to 10% of your annual income. The FCC changed the law to say if both of your annual income and your net worth are equal to, or greater than 100,000 then you can invest up to 10%.
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Crowdfunding State Law Reemption, Financial & Regulatory Requirements for Issuers
One of the important parts of Title III regulation CF of the JOBS Act, is that it actually preempts state law. All state blue sky laws that involve the registration of securities are eliminated, but that doesn't mean you don't have to pay a filing fee for certain things. There are two exemptions where states can still charge fees. First, if your company is domiciled in a state, that state can charge fees. Second, if you are selling more than 50% of your stock in a state, then they can charge you a notice filing fee.
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