It is extremely important to learn how to develop an advertising disclaimer to use in all of your marketing materials that will keep you clear of the federal and state SEC.
I have provided you with two template disclosure statements that you can use. I am not sure these are absolutely necessary if you’re doing private lending the right way – that is, you’re providing information and are offering CDs, reports or educational materials. But it certainly does not hurt you at all by putting a disclosure in there.
You are not going to lose any points here by doing this. Again, you may not absolutely have to do it, but you certainly are not going to be hurt by doing it.
There is a short disclosure and a long disclosure.
Here’s the long one.
This is not a public offering. This is not an offer or invitation to sell or a solicitation of any offer to purchase any securities in the United States or any other jurisdiction. Any securities made will only be offered or sold directly or indirectly in the state or states in which they have been registered or have been offered under an appropriate exemption.
The short form of the disclosure is this.
This is not a public offering or offer or invitation to sell securities or make an investment.
You can use these disclosures or modify them to fit your needs. There is no absolute disclosure. Basically you’re telling people that this is not an offer to buy an investment.
You can use this in some of your marketing materials if you like. It will give you extra protection and certainly probably worth considering. You can also incorporate these disclosures into your advertising and marketing plan.
Whatever you do, it is worth investing the extra time to create an advertising disclaimer compared to the mountain of headaches you could potentially buy yourself by not adding an advertising disclaimer. Not only is it worth the piece of mind, but it is also a smart move toward protecting yourself against any unexpected hassles with the federal and state Securities Exchange Commission.
Using an advertising disclaimer also protects you from being held responsible for something that is beyond your control or something in which you would prefer not to be held responsible for with regard to securities or even anything outside the scope of the Securities and Exchange Commission.