film finance , film finance contracts, film finance attorney, film finance legal services
A brief summary of the specialized legal services offered by the Law Offices of John W. Cones. 1. Initial Consultation - No charge for initial consultation. Consult with prospective independent film producer clients to help determine the most appropriate form or forms of film or project finance relative to a specific film or other entertainment project, choosing from gifts (e.g., crowd funding), grants, investor financing, lender financing, studio/industry financing or international finance options.  2. Film Financing Generally - Advise client when it is appropriate to use one or the other of the three forms of informational documents to be presented to film financing sources: a. Producer's package (for studio/industry financing); b. Business plan (for active investor financing); or c. Securities disclosure document (for passive investor financing).  3. Active Investors - If active investors, help with choosing and creating an appropriate active investor vehicle (investor financing agreement, joint venture agreement, initial incorporation and/or member-managed LLC), while also creating the associated business plan if needed.  4. Passive Investors - If passive investors, work with the client in choosing and creating the appropriate investment vehicle (manager-managed LLC, limited partnership or corporation) and consult with client regarding compliance with the federal and state securities laws. Presuming that an exempt/private offering will be conducted: a. Discuss management options for manager-managed LLC or limited partnership; b. Advise client regarding creating a fictitious name company if needed; c. Advise client regarding obtaining federal employer ID number; d. Advise client regarding opening bank account for investor funds; e. Discuss application of SEC's anti-fraud rule to all securities offerings;  f. Provide client with list of disclosures that originate with the client; g. Provide instructions to client for most efficient PPM drafting process; h. Help client determine revenue-sharing ratio between management and investor group; i. Help client determine minimum and maximum offering proceeds and unit size;  j. Provide direction to client regarding preparation of the PPM's estimated use of proceeds;  k. Advise client regarding SEC policy on financial projections;  l. Help prepare financial projections (per SEC guidelines): m. Prepare the required securities disclosure document and subscription agreement; n. Advise client regarding creating a fictitious name company if needed; o. Advise client regarding obtaining federal employer ID number; p. Advise client regarding opening bank account for investor funds;  q. Help with federal and state notice filings; r.  Discuss with client various copying and binding options for PPM;  s. Discuss with client options regarding cover art for PPM;  t. Advise client regarding marketing limitations for the offering; (1) No general solicitation or advertising for private placement (2) Pre-existing relationship requirement (3) Numerical limitation on number of investors (4) Use of the Internet (5) Limitations regarding use of finders (6) Issuer sales.  u. Advise client regarding use of supplemental offering materials;  v. Advise client regarding creating burden of proof file for demonstrating compliance. 
Copyright 2011 by John W. Cones