Douglas Ellenoff

The Search for Yield, Part 2: Refinancing Commercial Real Estate

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By  Kyle Engelken, WealthForge Crowdfund  Beat Guestpost, Ten years ago, you could not open your daily financial periodical without being bombarded with articles about the subprime loan crisis. However, quietly in the background, commercial mortgage backed securities (CMBS) were being issued at a record pace with loan to value ratios over 100 percent. In 2005, approximately $169 billion of CMBS loans were issued. Two years later, this number reached $230 billion. Today, analysts are predicting just $50 billion in CMBS issuance for 2016—far less than the nearly $90 billion in loans due for refinancing this year and over $100 billion in 2017.1 Many of the commercial loans…

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OTC Markets Group and CrowdFund Beat to Host Regulation A+ Bootcamp in New York City

OTC Markets Group and CrowdFund Beat to Host Regulation A+ Bootcamp in New York City

NEW YORK, Oct. 26, 2016 /PRNewswire/ — OTC Markets Group Inc. (OTCQX: OTCM), operator of financial markets for 10,000 U.S. and global securities, and CrowdFund Beat, a news and information source for the crowdfunding market, today announced they will co-host a Regulation A+ Bootcamp on November 10 at OTC Markets Group’s headquarters in New York City.   The one-day workshop will provide startup companies and entrepreneurs with expert guidance on how to raise capital under Title IV of the Jumpstart Our Business Startups (JOBS) Act, also known as “Regulation A+,” which allows small companies to raise up to $50 million annually in crowdfunded offerings from accredited and…

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REPORT: Equity Crowdfunding – Risks and liabilities as the industry matures

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  BY Ronald Kleverlaan Crowdfunding strategy, CrowdfundingHub, advisor European Commission, co-founder European Crowdfunding Network Within the rapidly-expanding alternative finance industry, equity crowdfunding is emerging as a popular method of growth finance. Equity crowdfunding is a mechanism by which a broad group of investors can fund start-up companies and small businesses in return for equity. In collaboration with UK insurance company AIG, the researchers of CrowdfundingHub worked together with leading European experts from SyndicateRoom, Seedrs, AIG, CrowdCube, Invesdor, Twintangibles and Legal Alternative to create a state-of-the-art overview of the Equity Crowdfunding industry. Summary of report Introduction: The rise and rise of equity crowdfunding Overview of the growth…

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Busted!  SEC Targets Reg A+ Marijuana Company, Med-X, in Administrative Proceeding.

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By Samuel S. Guzik, CrowdFundBeat special guest editor,  Guzik & Associate The Regulation A+ industry was buzzing this week – not with excitement, but with a healthy dose of trepidation.  One of the first, high (no pun intended) profile Regulation A+ offerings, launched in November 2015, after a seemingly successful “Testing the Waters” campaign, was for a company called Med-X, a startup formed to participate in the newly burgeoning marijuana industry – the so called “Green Rush.” But this month’s headline for Med-X was a bit more sanguine, enough to counteract even the most potent dosage of THC:  “REGULATION A EXEMPTION OF MED-X, INC. TEMPORARILY SUSPENDED.” …

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SEC: Investment Adviser Boasted

SEC: Investment Adviser Boasted

FOR IMMEDIATE RELEASE 2016-161 SEC: Investment Adviser Boasted Phony Assets and Track Record, Stole From Client Washington D.C., Aug. 11, 2016 — The Securities and Exchange Commission today announced fraud charges against a San Francisco man and his investment advisory firm accused of pretending to manage millions of dollars in assets and then stealing money from the first client who invested with them based on their misrepresentations. The SEC alleges that Nicholas M. Mitsakos and Matrix Capital Markets, which is a state-registered investment adviser in California, solicited investors in a purported hedge fund while falsely marketing themselves as experienced money managers with a highly successful…

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iDisclose Launches a Free “SEC Scrubber” Tool for Crowdfunding Issuers

Idisclose : Crowdfunding New Legal Platform

iDisclose Announces Free Online Tool to Conform Documents to SEC Acceptable Format NEW YORK, NY–(Marketwired – August 17, 2016) – iDisclose announced today that it is offering a free online service to help issuers and their counsel submit the required crowdfunding documents to the Securities and Exchange Commission. iDisclose CEO Georgia Quinn explained that “we have noticed a lot of people are having trouble uploading the required documents to the SEC’s online system known as EDGAR. This is due to the finicky nature of the system and somewhat archaic technology it uses. Several issuers’ uploads were getting bounced and the error messages were indecipherable.” Many…

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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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Improving Legal Documents in Crowdfunding: Get Rid of the State Legends!

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By Mark Roderick CrowdFunding Beat  Sr. contributing editor and crowdfunding attorney with Flaster/Greenberg PC. I see lots of offering documents like this, with pages of state “legends.” The good news is that in Crowdfunding offerings – Title II (Rule 506(c)), Title III (Regulation Crowdfunding), and Title IV (Regulation A) – you can and should get rid of them.               The legal case is pretty simple: Before 1996, states were allowed to regulate private offerings. Every state allowed exemptions, but these exemptions often required legends, differing from state to state. The National Securities Market Improvement Act of 1996 added section 18 to the Securities…

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Evaluating Crowdfunding for Architectural Projects

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By Rachael Everly, Crowdfund Beat guest contributor, Crowdfunding is often described as a practice to start off online investment campaign by popular people and generate funds or finances for specific related projects. This practice can leverage entrepreneurs, tech enthusiasts or businessmen who can spur some community support and start a petition to motivate people for investing some small dollar contributions. But can it help architects? How is Crowdfunding Relevant with Architecture? Crowdfunding can be applied to a range of investment opportunities provided for a viable project, services or the idea of a physical structure which can present itself as a worthwhile investment option for the people.…

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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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Unregistered broker-dealer services can be illegal…and costly.

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By Tim Boykin Corporate Counsel at WealthForge, Crowdfund Beat Guest Contributor, Last month, in our blog post “Unregistered? You might be breaking the law… and the SEC is watching.,” we discussed the importance of the registration requirement of Section 15(a)(1) of the ’34 Act. We suggested that Section 15(a)(1) requires registration as a broker-dealer when a person effects or induces the purchase or sale of securities. Recent SEC action suggests that the SEC is construing the registration requirement broadly and is bringing related enforcement actions. The previous post discussed a specific SEC enforcement action involving an unregistered online platform. This post dives a bit deeper into the…

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FinLaw:  Who will buy your company’s stock?

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By Scott Andersen, CrowdfundBeat Guest Contributor, Principal at finLawyer.com There is a maxim used by securities professionals that “stocks are sold, not bought.”  This maxim summarizes the view that for a securities offering to be successful, it needs a broker-dealer to solicit and recommend the offering to prospective investors. Now with the JOBS Act and companies selling securities directly to investors through general solicitation (advertising), the question is raised:  who will buy your company’s stock?  Moving away from a broker-dealer to reliance on advertising alone requires careful planning for an offering to be successful.  This is difficult for a company that has not raised capital before. …

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HEADLINE NEWS

Telegraph.co.ukCity regulator to crack down on crowdfundingThe GuardianIt took over regulation of crowdfunding in April 2014 and its proposed changes stem from a review of rules that it announced in July. The government has encouraged the growth of the sector, particularly peer-to-pee [...]

Entrepreneur3 Trends That Will Shape Crowdfunding in 2017 - EntrepreneurEntrepreneurThe market is evolving, and so are the products that help drive it. Consumers and backers alike are on the lookout for customizable solutions to everyday ...and more » [...]

Crowd-funding campaign to save fire-damaged historic Anglican school in MadagascarEpiscopal News Service[Anglican Communion News Service] An Anglican college in Madagascar is facing closure unless a crowdfunding campaign can help it break a decade-long “vicious cycle” of decline cause [...]

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 [...]

International Business Times UKTop 5 failed crowdfunding campaigns: The biggest scams and shams from Kickstarter and IndiegogoInternational Business Times UKTop five crowdfunding fails: From James Bond gadgets to anti-gravity shoes. Backers beware: Crowdfunding projects don't alw [...]

Cycling WeeklyHerne Hill Velodrome launches 'The Big Finish' crowdfunding campaignCycling WeeklyThe Friends of Herne Hill Velodrome have started a crowdfunding campaign to raise the money needed to fit-out the venue's new pavilion. The group hopes to gain £75,000 in ple [...]

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 [...]

Crowdfund InsiderSo You Want to Equity Crowdfund: A No-B.S. Guide to Crowdfunding Your BusinessCrowdfund Insider“With Regulation Crowdfunding, you're now asking your core customers, audience members, users—people who believe in your idea—to fund you. But, instead of just getting [...]

Spectator.co.uk (blog)Buy-to-let, food prices, crowdfunding and pensionsSpectator.co.uk (blog)In the year that the Government increased stamp duty by 3 per cent for landlords, research by the estate agency Haart shows that the number of properties sold to buy-to-let investors dropped [...]

Every Accountant Should Know About CrowdfundingAccountingweb.com (blog)As an accountant it is very important that you should be knowledgeable about crowdfunding. Crowdfunding is one of the best ways for a business to get the capital they need in quick time. Usually in crowdfunding, a [...]

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