Public Finance Law
Public Finance is the government's collection of taxes from those who benefit from public goods and services, and the use of those tax funds towards the production and distribution of the same or other public goods and services. Literally hundreds of laws affect public finance, including any law creating a public service or good which is paid for through tax revenues. Public finance law also deals with the financial activities of the government or public sector organizations with regard to their compliance with the legislation and regulations governing the funding and administration of specific governmental activities, like the sale and purchase of various types of bonds and funding for elections among others.
Two major focuses of public finance law are bond financing and public disclosures. Lawyers who specialize in this area are often focused on these services as well as underwriting services. There are many types of bonds related to public finance, such as general obligation bonds, revenue bonds, and private activity bonds.
Public finance law touches on virtually every industry in the United States. Areas where public finance is commonly of interest include aviation, convention centers, public education, utilities services, health care, public housing, land development, ports, the construction and operation of sports and entertainment facilities, student loans, and transportation and toll roads. Public finance laws also have implications for federal income tax, securities regulations, as well as state and federal finance laws.
For more information about public finance law, please review the materials found below. Additionally, should you require legal assistance with your public finance issues, you can click on the Law Firms tab found on the menu bar, above, for a list of attorneys in your area who specialize in this area of the law.
Public Finance Law - US
- ABA - Public Finance Committee
Focuses on financing activities of state and local governments. All forms of public borrowing, including bonds and notes, taxation of interest paid on state and local government obligations, and all forms of state and local taxation, including special assessments.
- Federal Election Commission (FEC) - Public Financing
In 1975, Congress created the Federal Election Commission (FEC) to administer and enforce the Federal Election Campaign Act (FECA) - the statute that governs the financing of federal elections. The duties of the FEC, which is an independent regulatory agency, are to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections.
- Public Finance and Public Policy - Economy Watch
Public Finance and Public Policy are interrelated studies and policy matters constructed by the government of a country. Public Policy is a set of interrelated decisions taken by a public authority, backed up by the common conscience of the citizens, for addressing a problem expressed through contemporary laws, regulations and consequent government actions and inactions.
- Public Finance Law - Overview
Public finance law refers to legislation and regulations relating to the financial activities of government or public sector organizations. Public finance laws govern the funding and adminstatration of specific governmental activities including the sale and purchase of various types of bonds.
- Public Finance, Taxation, and Monetary Policy
This industry classification includes government establishments primarily engaged in financial administration and taxation, including monetary policy; tax administration; collection, custody, and disbursement of funds; debt and investment administration; government employee retirement and other trust funds; and the like.
- Researching US Public Policy
One strategy for analyzing government public policy is to trace the legislative history of a public law or program. Reading the primary documents created during the legislative process will help you determine the problem or issue Congress was addressing and the intent of Congress when it passed the bill or created the program. The process of studying legislative materials is sometimes referred to as tracing or compiling a legislative history. This guide provides a step-by-step procedure for finding primary legislative documents. It takes the legislative history one step further and includes information on finding regulations and secondary source material.
Organizations Related to Public Finance Law
- Campaign Legal Center
The Campaign Legal Center is a nonpartisan, nonprofit organization which works in the areas of campaign finance and elections, political communication and government ethics. The Legal Center offers nonpartisan analyses of issues and represents the public interest in administrative, legislative and legal proceedings. The Legal Center also participates in generating and shaping our nation's policy debate about money in politics, disclosure, political advertising, and enforcement issues before the Congress, the Federal Communications Commission (FCC), Federal Election Commission (FEC) and the Internal Revenue Service (IRS).
- Center for Responsive Politics
Celebrating our 25th anniversary in 2008, the Center for Responsive Politics is the nation's premier research group tracking money in U.S. politics and its effect on elections and public policy. Nonpartisan, independent and nonprofit, the organization aims to create a more educated voter, an involved citizenry and a more responsive government. In short, CRP's mission is to: * Inform citizens about how money in politics affects their lives * Empower voters and activists by providing unbiased information * Advocate for a transparent and responsive government
- Government Finance Officers Association
The purpose of the Government Finance Officers Association is to enhance and promote the professional management of governments for the public benefit by identifying and developing financial policies and practices and promoting them through education, training and leadership.
- National Institute on Money in State Politics
The National Institute on Money in State Politics is the only nonpartisan, nonprofit organization revealing the influence of campaign money on state-level elections and public policy in all 50 states. Our comprehensive and verifiable campaign-finance database and relevant issue analyses are available for free through our Web site FollowTheMoney.org. We encourage transparency and promote independent investigation of state-level campaign contributions by journalists, academic researchers, public-interest groups, government agencies, policymakers, students and the public at large.
Publications Related to Public Finance Law
- American Constitution Society Blog
The American Constitution Society for Law and Policy (ACS) is one of the nation's leading progressive legal organizations. Founded in 2001, ACS is a rapidly growing network of lawyers, law students, scholars, judges, policymakers and other concerned individuals.
- Public Finance Articles
The most important source of government revenue is taxes, but sale of public properties and franchises, as well as the sale of interest-bearing bonds, also contribute. Since the Korean War, a large part of governmental expenditures has gone for various military and defense needs. Other important areas of governmental expenditure are health, education, and welfare (the Social Security, Medicare, and Medicaid programs); interest on the national debt; and public works. Important institutions of international finance are the International Bank for Reconstruction and Development and the International Monetary Fund.
- Wall Street Journal Law Blog
WSJ on the cases, trends and personalities of interest to the business community.
Articles on HG.org Related to Public Finance Law
- Transfer Agents in the Going Public ProcessTransfer agents play a key role in the going public process. Transfer agents are the record keeper for a company’s securities when it goes public. Share ownership is reflected on the issuer’s shareholder list. In addition, transfer agents issue and cancel certificates to reflect changes in the ownership of securities and act as an intermediary for the company and its stockholders during the going public process.
- Accredited Investors l Rule 506 RequirementsRegulation D under the Securities Act of 1933,as amended (the “Securities Act”), sets forth a safe harbor from the registration statement requirements of the Securities Act for certain private placements of securities. In connection with these exemptions, offerings made in reliance upon Regulation D, Rule 504, 505 and 506 can be made to up to 35 non-accredited investors and an unlimited number of “accredited” investors.
- Section 4(1) ExemptionRule 144 (“SEC Rule 144”) under the Securities Act of 1933 (“Securities Act”) provides a safe harbor from the registration provisions of the Securities Act for resales of restricted and control securities by persons other than the issuer if all conditions of the rule are complied with.
- Form 8K Reporting of Reverse MergersThe Securities and Exchange Commission (“SEC”), Division of Corporate Finance frequently notes disclosure deficiencies in the disclosure of reverse merger transactions in on 8-K Filed. This post summarizes SEC staff comments in response to reports on Form 8-K reporting of reverse mergers with public shell companies or similar transactions that result in a public company no longer being designated as a shell company.
- US Listings For Foreign IssuersTypically, foreign companies seeking to raise capital attempt to obtain public company status. Foreign companies that go public in the U.S. may complete a public offering by registering securities with the Securities and Exchange Commission (“SEC”) under the Securities Act of 1933, as amended (the “Securities Act”) or by registering a class of securities under the Securities Exchange Act of 1934 (the “Exchange Act”).
- OTCMarkets OTCQX l Dual List USAThe OTCMarkets OTCQX offers foreign issuers seeking to go public in the U.S. an appealing alternative to listing on a stock exchange. Foreign issuers whose securities are listed on a foreign stock exchange that qualify for the exemption from the reporting requirements of the Securities Exchange Act of 1934, as amended (the “Exchange Act”),
- Private Placement Memorandums 101A private placement memorandum (“PPM”) is also referred to as a confidential offering circular or memorandum. PPM’s are typcially prepared by securities lawyers who assist private companies with their going public transactions. PPM’s are used to raise capital by selling either debt or equity in an exempt offering that has not been registered with the SEC. These exempt offerings are often called private placements.
- SEC Registration Statements l Question & AnswerAddressing the most common questions we receive about going public using Form S-1 and the SEC registration statement process.
- Section 16 ReportingShareholders and management of private companies are often unaware of their reporting obligations upon completion of a going public transaction. Section 16(a) of the Exchange Act of 1934 (the “Exchange Act”) requires the reporting of beneficial ownership by the officers, directors and stockholders who hold stock directly or indirectly, beneficially owning more than 10% of the company’s common stock or other class of equity securities registered under Section 12(b) or 12(g) of the Exchange Act.
- The JOBS Act’s Amendments to Form DOn July 10, 2013, the SEC adopted final rules as required by Title II of the JOBS Act, which directed the SEC to eliminate the ban on general solicitation and advertising for certain offerings conducted under Rule 506 of Regulation D, of the Securities Act of 1933, as amended (the “Securities Act”) provided the securities are sold only to accredited investors.
- All Government Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Government including: administrative law, case law, election and political law, federal law, government contracts, local, municipal and state law, military law, public law, regulatory law, US federal courts.