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I hear much about so called "lifecare" or "continuing care"
retirement centers/communities. Just what are they and how different
are they from other retirement communities, nursing homes or homes
for the aged communities? |
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"Lifecare" or "continuing care" communities/facilities
are names given to communities that essentially charge a one-time
"up front" fee to live in the community. Along with this fee
(usually called an "Entrance Fee"), a retired person living
in such a community is also required to pay a monthly rental
fee (usually called a Monthly Service Fee) for the cost of various
services, such as, maintenance and upkeep of the community,
meals, utilities (except telephones), emergency medical help,
some housekeeping, biweekly apartment cleaning, snow shoveling,
social activities and various other amenities.
The differences between a "lifecare/continuing care" (LCC)
retirement community and a regular rental retirement community
are that LCC's charge an entrance fee to move in. However, once
an individual is accepted to live in an LCC community, they
are "normally" permitted to live there for the rest of their
lives, even if, through no fault of their own, they run out
of money to pay for the cost of the various services.
Most, but not all, LCC's provide various levels of care, ranging
from independent living to assisted living to skilled nursing
care. In most cases, depending on the level of care, additional
monthly fees are charged for the cost of the services.
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You mentioned that "Lifecare" or "continuing care" communities/
facilities charge an "Entrance Fee" to move in. What is the purpose
of the Entrance Fee and can I get it back if I decide I do not
like living in the retirement community? |
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The Entrance Fee (EF) is typically used by a community
to finance part or all of the cost of constructing the community.
In addition, the EF can be used to pay down the cost of the
mortgage on the community or to be set aside for future service
costs expected to be provided to each resident.
"Lifecare" or "continuing care" communities are regulated
under the Living Care Disclosure Act, as amended (the "Act")
and Rules. The Act provides for a certain time (up to 5-5 1/2
years) in which a resident can receive a partial refund of their
EF. Normally, "Lifecare" or "continuing care" communities, are
permitted to earn the EF at a rate of up to 1 1/2% per month.
There are a number of "Lifecare" or "continuing care" communities
in Michigan which offer more generous refund provisions than
required under the Act. Some communities offer as much as a
100% refund no matter when a resident decides to move out. For
information, please call our toll free number (877) 999-6442. |
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I am the president of a small Michigan manufacturing company.
I need to raise additional capital so that I can upgrade my machinery.
The cost will be approximately $100,000. I wish to sell promissory
notes in order to raise this amount. I know of five individuals
to whom I may sell these promissory notes. Is it necessary for
me to register the offer and sale of these promissory notes in
Michigan? |
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It is not necessary for you to register an offering
of $100,000 to five individuals in Michigan. Section 402(b)(9)
of the Michigan Uniform Securities Act sets forth the requirements
for making a limited offering.
This offering will be predicated on the understanding that
there will be no general advertising or general solicitation.
A commission cannot be paid or given directly or indirectly
for soliciting any prospective purchaser in this state, except
to a broker-dealer who is registered pursuant to the Michigan
Uniform Securities Act. If an officer of the corporation is
selling the promissory notes, he or she generally may not take
a sales commission.
The Michigan Uniform Securities Act provides that sales may
be made to not more than fifteen persons within this state within
any twelve-month period, if the issuer provides all offerees
at least 48 hours before sale, a document containing certain
disclosures such as; disclosing in reasonable detail the intended
application of the proceeds to be received from such offering;
disclosing in reasonable detail the current financial condition
of the issuer; disclosing the kind and amount of securities
to be offered and the offering price or method by which the
offering price is computed; and agreeing to provide investors
with annual current balance sheets and income statements. Anything
that is material to an offeree's understanding of the risks
involved, must also be disclosed.
To obtain further information on Section 402(b)(9), please
contact the Office of Financial and Insurance Regulation, at our
toll free number (877) 999-6442.
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I operate a small manufacturing business and need to raise
$750,000 for expansion. I am currently the sole shareholder but
would like to sell additional shares to members of the public
to raise the needed funds. What can I do? |
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Contact the Office of Financial and Insurance Regulation,
at our toll free number (877) 999-6442 and request a SCOR registration
packet or go to our Forms
page on-line. Small Corporate Offering Registration (SCOR) allows
corporations to raise up to $1,000,000 in a 12-month period if certain
items are disclosed in an offering document and prior approval is
obtained from the Bureau.
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What kind of license and fees are required to set up a used
car dealership? |
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This and other related questions should be asked
to the Secretary of State Office. The "Broker Dealer" part of
our name relates to Investment Securities Firms only. |
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How long does it take to process a Broker-Dealer application? |
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A Broker-Dealer application must be reviewed within
thirty (30) days of its receipt. It may take less depending
on the current volume of pending applications. The average for
obtaining registration is forty-five (45) days from the filing
date.
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I have a problem with a securities Broker-Dealer (or Agent).
What do I need to do to resolve the matter? |
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A letter of complaint should be directed to the
Broker-Dealer's (or Agent's) Office Manager summarizing the
problem to allow the firm an opportunity to settle the complaint.
Should this fail, complete and file a Complaint Form with OFIR.
To obtain a Complaint Form, call (517) 373-0220 or our toll
free number (877) 999-6442. Additionally, the customer may want
to seek the advice of legal counsel to consider other options
such as arbitration/mediation and civil action.
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What is involved in becoming a registered Investment Adviser? |
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The applicant needs to complete and file a FORM
ADV (Investment Adviser Application) and meet the qualifications
set forth in the Michigan Uniform Securities Act. An application
packet may be obtained by calling (517) 373-0220 or our toll
free number (877) 999-6442. A filing fee of $150.00 should accompany
the application. Once registered, an investment adviser shall
pay an annual fee of $150.00.
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What is an Investment Adviser? |
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The formal definition of an "Investment Adviser"
is found under Section 202(a)(11) of the 1940 Investment Adviser
Act and under Section 401(f) of the Michigan Uniform Securities
Act. These sections basically state that: (f) "Investment adviser"
means any person who, for consideration, engages in the business
of advising others, either directly or through publications
or writings, as to the value of securities or commodity contracts,
or as to the advisability of investing in, purchasing, or selling
securities or commodity contracts, who, for consideration and
as a part of a regular business, issues or promulgates analyses
or reports concerning securities or commodity contracts, or
who acts as a finder in conjunction with the offer, sale, or
purchase of a security or commodity. |
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I am only a Financial Planner, do I need to be registered
as an Investment Adviser? |
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Financial planning usually includes general recommendations
regarding the purchase, sale or holding securities or other
investment instruments. Though the Financial Planning Service
may be limited to general advice it may also contain specific
recommendations as to the purchase or sale of specific securities.
Financial planners usually need to be registered as investment
advisers because their advice is about securities and is for
direct or indirect remuneration.
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I want to become a securities broker to sell securities.
What do I need to do? |
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You must locate a securities broker-dealer to
sponsor you. They will provide you with the agent application
and schedule you for the examinations that you are required
to pass in order to be registered in Michigan, other states
and the NASD Regulation, Inc. They will submit your application
for you and provide you with any additional requirements.
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I want to sell variable annuity contracts. What do I need
to obtain a license to sell them in Michigan? |
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The Michigan Uniform Securities Act does not regulate
the offer and sale of variable annuity contracts. A variable
annuity is not considered a security under the Michigan Uniform
Securities Act. It will be necessary to contact OFIR at (877)
999-6442 or locate an insurance firm that will sponsor you.
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I want to be a "broker". What do I need to do? |
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First determine what type of "broker" you want
to be. Do you want to sell securities and become a securities
agent? Do you want to sell insurance products? Do you want to
sell mortgages? Do you want to sell real estate? Do you want
to be a mortgage broker? If so, you may need to contact the
following:
Securities agent (broker) - see above and the Michigan Uniform
Securities Act to become a licensed/registered securities agent.
Insurance broker-Contact OFIR at (517) 373-0220 or toll free
(877) 999-6442.
Mortgage broker - Contact OFIR at (517) 373-0220 or toll free
(877) 999-6442.
Real estate broker - Contact the Bureau
of Commercial Services, Licensing Division, Board of Real Estate
Brokers and Salespersons at (517) 241-9288.
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I am licensed as a securities agent for Michigan and I now
want to expand my business activities to not only sell securities
but also provide investment advice to my clients. Although I'm
a licensed securities agent with a broker-dealer, I would like
to have my own investment adviser firm. What do I need to do? |
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Obtain forms and instructions from the OFIR Web
site. However you need to notify and obtain approval from your
broker-dealer for these activities. Please reference Section
102(f) of the Michigan Uniform Securities Act. If registered
as a securities agent in Michigan, you must conduct investment
advisory activities through the broker-dealer. You would need
to file the investment adviser application with Michigan, however,
you would need your broker-dealer to sign a Consent and Guaranty
Form in compliance with Section 102(f) of the Michigan Uniform
Securities Act and submit that form along with your investment
adviser application to the Division of Securities. If your broker-dealer
refuses to sign the Consent and Guaranty Form, you may need
to make several choices. One would be to determine if you really
want to have your own investment adviser firm. If so, if your
broker-dealer will not execute the Consent and Guaranty Form,
you may have to transfer your securities registration to another
broker-dealer that will be responsible for your activities or
terminate your securities agent registration.
You may also need to register as an investment adviser with
the Securities
and Exchange Commission. Please contact them at (202) 942-8088.
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Does the Office of Financial and Insurance Regulation recommend
or rate companies or securities in which to invest? |
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No. OFIR reviews registration and exemption statements
required to be filed with it and generally applies certain fairness
guidelines to public offerings. However, it does not recommend
or rate companies or securities in which to invest. Any representation
that OFIR has endorsed securities sold or to be sold is a violation
of the Michigan Uniform Securities Act.
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Does the Office of Financial and Insurance Regulation recommend
or give ratings to securities salesmen or dealers? |
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No. OFIR licenses securities salesmen and dealers,
but does not recommend or rate them. OFIR does, however, have
access to a list of formal disciplinary action taken against
a securities salesman or dealer as maintained in the NASD's
Web CRD (Central Registration Depository).
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How is the mass transfer of securities agents conducted? |
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The mass transfer of securities agents is conducted electronically
through the NASD's CRD System. Once the transfer has taken place,
Michigan will be notified by the NASD, and the date and amount
of agents transferred will be provided to the Licensing Division.
The fee for this transfer is $10 per agent. Our office will prepare
a letter requesting payment within 30 days of the firm's receipt
of our letter. Therefore, no payment needs to be sent prior to
the transfer. It should be noted that the transfer cannot take
place unless the firm the agents are transferring to is a Registered
Broker Dealer in Michigan. Any further questions, may be directed
to Deborah Brown or Brenda Schneider at (517) 241-6360. |