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SEC Makes Intrastate Crowdfunding A Little Easier

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By Mark Roderick CrowdFunding Beat  Sr. contributing editor and crowdfunding attorney with Flaster/Greenberg PC. The SEC just adopted rules that should make intrastate Crowdfunding easier, at least if State legislatures do their part. To understand how the new rules help and how they don’t, start with section 3(a)(11) of the Securities Act of 1933, which has been, until now, the basis for all intrastate Crowdfunding laws. While section 5 of the Securities Act generally provides that all sales of securities must be registered with the SEC, section 3(a)(11) provides for an exemption for: Any security which is a part of an issue offered and sold only to persons…

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SEC Adopts Final Expanded Intrastate Crowdfunding Rules

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By Samuel S. Guzik, CrowdFundBeat special guest editor,  Guzik & Associate Today the SEC unanimously adopted amendments to Rule 147 and Rule 504, and adopted a new Rule 147A, intended to modernize and facilitate local offerings by companies in their home state.  The final rules are much improved from the proposed rules issued in October 2015, in response to virtually unanimous views of rule commentors. The only fly in the ointment is that most states will need to update their legislation in order to be able to take advantage on the new, relaxed rules allowing broad internet solicitation. However, sales are still limited to investors in…

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Reg A Success Stories

Reg A Success Stories

At Dealflow’s Crowdfunding Conference in NYC last week one of the speakers (a good friend of mine) said that only 2 Reg A+ offerings thus far have closed (been successful), one in real estate (Fundrise) and one in automotive (Elio Motors, a FundAmerica/StartEngine/Hambrecht/Jumpstart customer). That’s incorrect. FundAmerica has, thus far, been a technology and compliance service provider to 11 Reg A+ offerings. Of those, 3 have “failed”, meaning they did not reach their minimums and investors were refunded from escrow. Of the other 8, 6 have met their minimums (and started receiving disbursements from escrow even as they continue to raise capital) and 2 are…

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Alternative Finance in Europe grew to €5.4 billion

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By Ronald Kleverlaan,  Crowdfunding Beat Guest post, Crowdfunding strategy, CrowdfundingHub, advisor European Commission, co-founder European Crowdfunding Network The European online alternative finance market grew 92% to €5.4 billion in 2015, according to the second annual survey by theCambridge Centre for Alternative Finance, in partnership withCrowdfundingHub, KPMG and supported by CME Group Foundation.   Total amount of funding between 2013-2015 Sustaining Momentum The report released today, entitled “Sustaining Momentum”, had the support of 17 major European industry associations and research partners, and was based on data from 367 crowdfunding, peer-to-peer lending and other alternative finance intermediaries from 32 European countries – capturing an estimated 90 per…

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Intermediaries, Trust and Equity Crowdfunding

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By Paul Niederer CrowdFundBeat Sr. Contributing Editor Intermediary-controlled trust has been the main game in selling shares and equity since the 1930’s. That is why regulators have latched onto intermediaries, and their existing regimes to regulate the emergence of crowdfunding. However intermediary-less trust is on its way. A truism that is getting stronger and stronger is that “the crowd will catch a bad actor long before the regulator will”. The persistent focus on intermediaries by regulators means that they have not empowered the assistance the crowd can give in keeping equity crowdfunding participants honest. If blockchains become the new way to evidence trusted equity crowdfunding transactions we…

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Understanding Reg CF: Discussing financial results

Understanding Reg CF: Discussing financial results

By Sara Hanks , CrowdFundBeat  Sr.contributing Guest Editor  CEO/Founder, CrowdCheck, Inc. As we have previously discussed, the Regulation CF disclosure requirement for thefinancial condition of the issuer has the potential to get inexperienced companies in trouble. It is in this section of the disclosure that optimistic entrepreneurs may provide misleading information by not providing the full details of performance measurements, or by not including information on the assumptions underlying any financial projections. Such statements may be misleading in their own right, or may omit information necessary to make the provided information not misleading – also known as securities fraud(link is external) (see paragraph (c)). As we have…

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Death to the Accredited Investor Rules

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By Jorge Newbery,  CrowdFundBeat contributing Guest Editor,  Founder and Chief Executive Officer of American Homeowner Preservation LLC The American Dream is dying. Social mobility in America has all but perished for the majority of Americans. With an extraordinary concentration of wealth amongst the richest, working-class Americans are often shut out of opportunities that could allow them to rise. Investments enable citizens to bolster their incomes and plan their financial futures. But, while rules and regulations prohibit most Americans from participating in higher yielding ventures, our society’s wealth gap will continue to widen. The inequality of investment possibilities can be largely attributed to the Security and Exchange…

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iDisclose Partners With Republic on Its Title III Crowdfunding

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Crowdfund Beat News, iDisclose Provides Republic Users With a Low Cost Legal Solution to Comply With Title III Crowdfunding Regulations NEW YORK, NY–(Marketwired – July 18, 2016) – iDisclose announced today that it is proud to be a part of Republic’s Title III crowdfunding launch. The AngelList spinoff and funding portal officially launched today with iDisclose as its exclusive Form C service provider. Each Republic issuer is provided with access to the iDisclose application to prepare their Form C at a fraction of the time and cost of using a traditional lawyer or law firm. Using a series of adaptive questions, similar to TurboTax TM,…

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A Reflection of Online Money Lending

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By Steve Cinelli , CrowdFund Beat Sr. Editor, @stevecinelli Some many months back, in fact prior to their listings, I wrote a piece questioning the lofty valuations of the marketplace lending platforms (LC and ONDK) as they entered the public markets.  The basic thesis was recognizing the fundamental business these platforms engaged, i.e., money lending, and how others in the same space, albeit not as “technology positioned”, delivered the same product and/or service, and I thus intimated that the newbies should be valued with similar metrics to the incumbent financial institutions. In observing the platforms’ performances over the last year, as well as evolving market conditions,…

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Is Real Estate Crowdfunding Offers An Attractive Alternative For Secure Investments?

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By Yemani Mason Founder at VestMunity.com, Crowdfund Beat Guest post, Over the past several years, home prices have been on the rise – particularly in South Florida. According to the Sun-Sentinel, “In South Florida, median home prices have been on the upswing in recent years and rose modestly in April.” Additionally, more and more people are moving to Miami, adding to an already active real estate market.Realestatearama reports that, “South Florida’s tax environment (no state income tax in Florida), growing tech industry and infrastructure improvements are leading more Americans to relocate to Miami…The trend of Americans moving to Miami is going to continue.” Still, many people may…

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Five Ways that Brexit Will Complicate Cross-Border M&A

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By Jonathan B. Wilson CrowdFundBeat Sr. Guest Editor, Partner, Taylor English Duma LLP  Last week’s referendum in the UK and the decision for Great Britain to exit the European Union has caused turmoil in financial markets.  For M&A practitioners, however, the impact is only just beginning.  Here are five key ways in which Brexit will complicate cross-border M&A: 1. Deal Terms Will Need to Contemplate the Potential for Additional Exits If you thought the UK exit was tumultuous, just imagine the complications that might result if the Netherlands, France or another EU stalwart held a referendum that allowed its voters to possibly leave the EU.  M&A…

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An A+ Day for SEC Regulation A+ – A Victory in Court for Small Business!

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By Samuel S. Guzik Founder, Guzik & Associates, Crowdfund BEat Guest Post. June 14, 2016 Today was an important day for small and emerging companies. On this day the US Court of Appeals for the DC Circuit dismissed the challenge by NASAA and others to set aside the SEC’s rulemaking under Title IV of the Jumpstart Our Business Startups Act (the JOBS Act). Regulation A, as modified by Title IV of the JOBS Act, was a critical step by both Congress and the SEC in making the public markets available to small and emerging businesses – at an affordable cost and without the burden and uncertainty of…

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HEADLINE NEWS

Telegraph.co.ukThe biggest crowdfunding failuresTelegraph.co.ukThe popularity of equity crowdfunding has exploded in the UK, with platforms such as Crowdcube and Seedrs having raised hundreds of millions from investors wanting to buy a slice of an early stage business. But such invest [...]

VentureBeatHow crowdfunding will transform inner citiesVentureBeatIt's been only six months since Regulation Crowdfunding was legalized, and it's already proving to be highly successful funding source for new businesses. 50 percent of companies that have closed on their fina [...]

Israel's Insulog launches crowdfunding campaign for smart insulin ...FierceBiotechInsulog launched a crowdfunding campaign for a connected insulin tracker for diabetics who use insulin pens.and more » [...]

ForbesThree Tips For Chinese Startups Launching In The U.S. Market Via CrowdfundingForbesEntering international markets has always been challenging, but some Asia-based companies have a found a surprising new strategy: crowdfunding. Three of the largest crowdfunding campaigns this sum [...]

Crowdfunding: A Welcome Resource For ResearchersUtah Public RadioCrowdfunding is a term you have probably heard recently. The idea is to solicit a large number of small to medium donations in order to fund some kind of project or product development, and there are many online platform [...]

wwlp.comMaking sure you're giving to trustworthy crowdfunding effortswwlp.comKNOXVILLE (WATE) – There are more than a thousand GoFundMe and other crowdfunding sites to help people who lost everything in the Gatlinburg wildfires. How do you know you're giving to someone who r [...]

SprudgeRaw Material Are Crowdfunding A Coffee Mill In ColombiaSprudgeThis is not a call-out, it's just a fact, and I include myself among the accused. If you live in a city and like going to coffee bars, chances are you spend more time thinking about what's happening inside [...]

ForbesHow Asia Is Adopting Crowdfunding From The WestForbesEntrepreneurs of the Kickstarter crowdfunding platform make a demonstration with a picture of football player Luis Figo during the Web Summit at Parque das Nacoes in Lisbon on November 8, 2016. PATRICIA DE MELO MOREIRA/AFP/Get [...]

The IndependentThe Supreme Court Brexit case only happened because of crowdfunding – and you won't have heard of the people ...The IndependentWhen you volunteer in a legal aid clinic, you see how many people aren't able to access justice because of a lack of funds. Crowdfund [...]

Cosmopolitan.com4 Women Who Prove You Don't Need to Be Rich To Start Your Own BusinessCosmopolitan.com“It's a ton of work, but the wonderful and challenging part of crowdfunding is that there's no barrier to entry,” she says. “It's open to everyone.” Brown views he [...]

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