This is my opinion not legal advise.
Ok. I've been quietly watching this. I have to call bullshit. I don't know who your lawyer is, but this is complete crap/bullshit.
The solution here is to form a proper corporation with proper shares that pay profit dividends. This is fully legal and within the financial capabilities of this group. This is compliant with FinCEN and US law as to how to handle the profits of a company structured like LRM. Please read the FinCEN administrative rulings closer. It would also give the additional benefit of putting profits into capital gains.
Seriously, there is no reason we can't continue with the intend purpose of this consortium.
FinCEN understands that Bitcoin mining imposes no obligations on a Bitcoin user to
send mined Bitcoin to any other person or place for the benefit of another. Instead, the user is
free to use the mined virtual currency or its equivalent for the user’s own purposes, such as to
purchase real or virtual goods and services for the user’s own use. To the extent that a user mines
Bitcoin and uses the Bitcoin solely for the user’s own purposes and not for the benefit of another,
the user is not an MSB under FinCEN’s regulations, because these activities involve neither
“acceptance” nor “transmission” of the convertible virtual currency and are not the transmission
of funds within the meaning of the Rule. This is the case whether the user mining and using the
Bitcoin is an individual or a corporation, and whether the user is purchasing goods or services for
the user’s own use, paying debts previously incurred in the ordinary course of business, or (in the
case of a corporate user) making distributions to shareholders. Activities that, in and of
themselves, do not constitute accepting and transmitting currency, funds or the value of funds,
are activities that do not fit within the definition of “money transmission services” and therefore
are not subject to FinCEN’s registration, reporting, and recordkeeping regulations for MSBs.
Source:
http://www.fincen.gov/news_room/rp/rulings/pdf/FIN-2014-R001.pdf Page 3 paragraph 1
I see no reason for this current discussion to continue in the manner state by LRM.
In my understanding, the same structure we have can continue legally as a corporation with the following share structure:
Class A shares (commonly refered as founder shares or voting shares) can be held by LRM/Partners who currently control the company.
Class B & C shares (non-voting shares) can be distributed to other share holders.
this effectively creates the same thing we currently have and conforms to FinCEN/US law, as I understand it. Of course you would want to pass this through a lawyer, but that's what we need to be pursuing, even if we hold some divs to pay for the process. Anything else, and your just completely stealing from the promise you gave us coming into this and have effectively defrauded us of future growth/income promised.
Forming a proper corp, is not very expensive.