crowdfunding

A measure to amend the state securities laws in order to permit equity crowdfunding won approval in the Wisconsin Legislature following swift and unanimous passage in the Senate this week. The bill, called the Wisconsin Crowdfunding and Securities Exemptions (CASE) for Jobs Act, is aimed at providing better access to small business capital by connecting Wisconsin-based investors with startups through crowdfunding websites. Wisconsin now joins three other states, Georgia, Kansas and North Carolina, that have enacted similar securities exemptions.

Earlier this week, the Securities Exchange Commission’s (SEC) final rules allowing general solicitation went into effect. General solicitation broadly means the public advertisement that an entrepreneur or business is raising capital via the sale of securities (e.g., stock, loans, and bonds).

Georgia Tech has launched a crowdfunding resource for university-based students and faculty. Originally announced in the spring, Georgia Tech joins several other universities that are using crowdfunding to finance commercialization and the development of startups based on university research. The field has become common and relevant enough that an online community has started tracking this growth.

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.

The University of Virginia has announced a six–month pilot initiative to fund early stage research via an exclusive crowdfunding portal. In partnership with USEED Inc, a crowdfunding startup focused on philanthropic fundraising for higher education, the U.Va.

Shortly after the first anniversary of the Jumpstart Our Business Startups Act (JOBS Act — see the March 28, 2012 issue of the Digest) Mary Jo White was sworn in as the 31st Chair of the Securities Exchange Commission (SEC).

On November 15, the Securities Exchange Commission (SEC) will host the "SEC Government-Business Forum on Small Business Capital Formation," an annual forum focused on the capital formation concerns of small business. This year's agenda will focus on the implementation of the Jumpstart Our Business Startups Act (JOBS Act), specifically equity-based crowdfunding regulation. The forum also will look at issues related to capital for small business that were not addressed by the JOBS Act.

The Securities and Exchange Commission (SEC) announced its first proposed rule that will help make equity-based crowdfunding a reality. The proposed rule (Rule 506) will allow for the general solicitation and general advertising of securities. At this point, however, the rule will only apply to accredited investors — an individual with income of more than $200,000 per year or a net worth of over $1 million dollars, excluding the value of the investor's primary residence.

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.

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.