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    Company consolidating general interest investment partnership

    The defendants make the argument that “the case law over many decades has consistently held that there is a presumption that (1) interests in general partnerships are not securities, and (2) interests in raw land held solely for market appreciation are not securities.” The court agreed and cited three key cases. The Court summarizes the law on when general partnership interests qualify as securities and labels Williamson v. A general partnership or joint venture interest can be designated a security if the investor can establish, for example, that (1) an agreement among the parties leaves so little power in the hands of the partner or venturer that the arrangement in fact distributes power as would a limited partnership; or (2) the partner or venturer is so inexperienced and unknowledgeable in business affairs that he is incapable of intelligently exercising his partnership or venture powers; or (3) the partner or venturer is so dependent on some unique entrepreneurial or managerial ability of the promoter or manager that he cannot replace the manager of the enterprise or otherwise exercise meaningful partnership or venture powers.

    But like any presumption, the presumption that general partnership interests aren’t securities can be overcome. In application of that test to this case, the SEC failed to meet the requirements of the first two tests, leaving the last test as the finale in the decision.

    "The following pages will cover the benefits and disadvantages of a partnership, how to structure a partnership in a written agreement to protect yourself and the business, and steps you need to take in forming a partnership. Once you have an idea for a company, whether this means selling a product or a service, understand the consequences of opting to become a partnership.

    As a business partner, you need to be prepared to devote time, use business methods, and get set up properly so you can make more money, minimize taxes, and generally avoid potential problems.

    When the SEC announced an asset freeze against Western Financial Planning Corporation and its principal Louis Schooler, I was a bit troubled by the structure of the investments in question.

    The firm had structured the real estate investment vehicles as general partnerships.

    The Partnership consolidates 100% of these joint ventures.

    The Partnership reflects Anadarko’s 5% interest in the net income of these joint ventures as non-controlling interest on its statements of operations.

    The transaction was effected by the formation of two joint venture companies which own the respective systems, of which the Partnership has a 95% interest and Anadarko has a 5% interest in each.

    The consolidated financial statements include the accounts of the Partnership, the Operating Partnership and the Operating Partnership’s wholly-owned and majority-owned subsidiaries.

    The General Partner’s interest in the Operating Partnership is reported as part of its overall 2% general partner interest in the Partnership.

    The Partnership also reflects Anadarko’s investment in the net assets of the joint ventures as non-controlling interest on its consolidated balance sheet.

    In connection with the Partnership’s acquisition of control of the Chaney Dell and Midkiff/Benedum systems, the joint ventures issued cash to Anadarko of

    The transaction was effected by the formation of two joint venture companies which own the respective systems, of which the Partnership has a 95% interest and Anadarko has a 5% interest in each.

    The consolidated financial statements include the accounts of the Partnership, the Operating Partnership and the Operating Partnership’s wholly-owned and majority-owned subsidiaries.

    The General Partner’s interest in the Operating Partnership is reported as part of its overall 2% general partner interest in the Partnership.

    The Partnership also reflects Anadarko’s investment in the net assets of the joint ventures as non-controlling interest on its consolidated balance sheet.

    In connection with the Partnership’s acquisition of control of the Chaney Dell and Midkiff/Benedum systems, the joint ventures issued cash to Anadarko of $1.9 billion in return for a note receivable.

    ||

    The transaction was effected by the formation of two joint venture companies which own the respective systems, of which the Partnership has a 95% interest and Anadarko has a 5% interest in each.The consolidated financial statements include the accounts of the Partnership, the Operating Partnership and the Operating Partnership’s wholly-owned and majority-owned subsidiaries.The General Partner’s interest in the Operating Partnership is reported as part of its overall 2% general partner interest in the Partnership.The Partnership also reflects Anadarko’s investment in the net assets of the joint ventures as non-controlling interest on its consolidated balance sheet.In connection with the Partnership’s acquisition of control of the Chaney Dell and Midkiff/Benedum systems, the joint ventures issued cash to Anadarko of $1.9 billion in return for a note receivable.

    .9 billion in return for a note receivable.

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