SEC Posts JOBS Act FAQ
Following the passage of the JOBS Act (see the March 28 Digest), the Securities and Exchange Commission posted answers to some frequently asked questions regarding the confidential submission process for emerging growth companies. Under the JOBS Act regulations, an emerging growth company may submit a draft registration statement for confidential review prior to public filing.
Crowdfunding: Gender and the Democratization of Small Business Finance
Crowdfunding is touted by its proponents as a model that can democratize and neutralize gender bias in the existing small business investment community, for both female investors and entrepreneurs. Crowdfunding proponents point toward the disproportionate number of middle-aged men who are angel investors or work in the venture capital industry. Two recent academic research studies have found that reward-based crowdfunding in the U.S. and peer-to-peer (P2P) lending in Germany and the United States appear to be opening up opportunities for female entrepreneurs and investors.
2014 Bills Tackle Crowdfunding, Tax Credits, Startup Capital and More
Several bills aimed at supporting startups, advancing research and improving the workforce have been introduced with the start of the 2014 sessions. Some of the proposed legislation offers a glimpse into the investment priorities of governors and lawmakers in the wake of economic recovery. Providing innovative companies with access to startup funds is a continued theme from previous years. Some states are seeking to expand tax credits for angel investors or offer new tax credits to encourage emerging industries. Other bills focus on generating more skilled workers quickly and positioning universities to enhance regional economic competitiveness.
Maine Legislature Approves Crowdfunding Bill
Maine businesses may now raise up to $1 million in capital by selling small amounts of equity to individual investors as a result of legislation that recently became law without the signature of Gov. Paul LePage. Using a model similar to crowdfunding websites such as Kickstarter, participating businesses will be able to register with the Maine Office of Securities, setting both a fundraising goal and deadline. Individual investors will be able to purchase up to $5,000 in equity from a single business.
States Pass Innovation-Focused Legislation
Investments and policy to support innovation-focused agendas have flourished with the close of the 2014 legislative sessions in several states. Crowdfunding legislation, incentives for attracting talent, higher education affordability, punishing patent trolls, and encouraging greater accountability are some of the areas where lawmakers focused their efforts.
SEC Takes Next Step toward Equity-based Crowdfunding for the Masses
During a recent public hearing, the Securities and Exchange Commission (SEC) adopted a new rule that moves equity-based crowdfunding one step closer to reality. As mandated by the JOBS Act (see the March 28, 2012 issue of the Digest), the new rule will allow companies to publicly advertise, market and disclose the fact that they are fundraising. However, the sale of securities is still restricted to accredited investors and the company must take reasonable steps to verify that all purchasers are accredited.
New Report Looks at Impact of Crowdfunding on Startups in Europe
In 2011, European startups and other projects raised approximately €1.5 billion ($1.8 billion) through crowdfunding, according to a report from Nesta, an innovation focused foundation located in the United Kingdom. In The Venture Crowd, Nesta researchers found that a significant portion of those funds raised were by reward-based crowdfunding, where participants receive non-financial rewards in exchange for donating to a project. However, other crowdfunding models are growing rapidly including donation crowdfunding, crowdfunded lending and equity crowdfunding.
FINRA Requests Comments on Proposed Regulation of Equity Crowdfunding
Financial Industry Regulatory Authority (FINRA), the largest independent regulator of securities firms doing business in the United States, invites public comment on the appropriate scope of FINRA rules that should apply to firms engaging in equity crowdfunding activities, either as funding portals or as brokers. Under crowdfunding exemptions of the JOBS Act, intermediaries performing crowdfunding on behalf of entrepenuers and startups must register with the Securities and Exchange Commission (SEC) as a funding portal or broker.
Crowdfunding Made a Splash in 2013, 2014 Could be Turning Point
Crowdfunding was poised to make a major splash on startup financing in 2013, aided by the passage of the 2012 JOBS Act, a projected explosion in the number of crowdfunding portals and the adoption of state crowdfunding exemptions. However, the crowdfunding industry did not have the anticipated gamechanging impact on startup financing.
SEC proposes changes to exempt offerings including crowdfunding
The U.S. Securities and Exchange Commission (SEC) recently proposed rule changes that aim to make fundraising easier for new companies, including by expanding crowdfunding’s applicability and allowing for “demo day” communications. The changes target three particular methods of exemptions: Regulation A, Rule 504 of Regulation D, and Regulation Crowdfunding.
Equity crowdfunding short on delivery but showing promise
Startups and small businesses raised $30 million during the first year of equity crowdfunding (also known as regulation crowdfunding or Reg CF) with an average of $289,000 raised in a successful campaign, according to a recent report published by the Small Business Administration’s (SBA) Office of Advocacy.
Startups and small businesses raised $30 million during the first year of equity crowdfunding (also known as regulation crowdfunding or Reg CF) with an average of $289,000 raised in a successful campaign, according to a recent report published by the Small Business Administration’s (SBA) Office of Advocacy. While equity crowdfunding hasn’t been the game changer that it was touted to be by many of its advocates, several studies indicate that the first year plus shows promising findings for this new source of startup capital authorized by the Jumpstart Our Business Startups Act (JOBS Act).
New SEC report focuses on recommendations for increasing small business capital formation
A Securities Exchange Commission (SEC) report contains over 20 recommendations for the SEC to consider that would improve small business capital formation. The report, released in April, stems from the 36th annual Government-Business Forum on Small Business Capital Formation – a daylong event held late last year.
A Securities Exchange Commission (SEC) report contains over 20 recommendations for the SEC to consider that would improve small business capital formation. The report, released in April, stems from the 36th annual Government-Business Forum on Small Business Capital Formation – a daylong event held late last year. Its recommendations include issues related to the definition of accredited investors; rules changes that would increase the number of Regulation A+ and Regulation Crowdfunding offerings; and, a revised regulatory regime (based upon the European regulatory regime) to improve peer-to-peer lending.
SEC opens public comment period for changes to exemption regulations
The U.S. Securities and Exchange Commission is accepting public comments regarding their proposed changes to exempt offerings regulations. These modifications, originally announced last month, aim to streamline and expand the fundraising abilities for businesses while still qualifying as exempt from the SEC’s registration requirements.
SEC finalizes demo days, crowdfunding rules
The Securities and Exchange Commission (SEC) recently published a final rule clarifying acceptable communications during “demo days” and expanding the accessibility of crowdfunding, among other changes. The new rule establishes guidelines to make “demo day” activities exempt from general solicitation requirements.
SEC relaxes crowdfunding rules for 10 months
The U.S. Securities and Exchange Commission is implementing a rule that relaxes restrictions on crowdfunding through next February, according to a Federal Register notice published today. The net result of the temporary rule is to accelerate the timeline for a company to access capital through crowdfunding, at the expense of some public access and investor information.
Inflation provides big boost to crowdfunding limits
The Securities and Exchange Commission (SEC) recently published statutorily-required five-year inflation adjustments for various limits placed on crowdfunding, and the increases are substantial.