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On the SEC’s New Intrastate Crowdfunding Rules and the Nanny State

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By Samuel S. Guzik, CrowdFundBeat special guest editor,  Guzik & Associate On October 26, 2016, the SEC’s three Commissioners convened at their headquarters to adopt new rules intended to modernize what had historically been a little used path of raising capital for startups, early stage businesses and community-based enterprises: the so called intrastate exemption. It had its origins in our federal securities regulation legislation adopted back in 1933, which required the federal registration of the sale of securities in the U.S.  absent an exemption from registration. In 1933 Congress, in its wisdom, carved out from the registration requirement those offerings that were purely local in character,…

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Setting Up an Efficient Crowdfunding Platform

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  BY Rachael Everly ,CrowdFund Beat Guest Post, Crowdfunding platforms are a product of technological advancement. However at the end of the day they are a financial solution and their success is dependent on the economic situation at a given time. Many businesses prosper when the economy is booming and all is good. Crowdfunding on the other hand has always prospered when the economy is not doing well, and even during the worst recessions. During the last recession of 2008, there was a great lack of confidence among banks. This led to a drying up of sources of finance for the small business owner and…

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NASAA and Members of Congress Come Together on the Need for the SEC to Expand Intrastate Crowdfunding Rules

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By Samuel S. Guzik, CrowdFundBeat special guest editor,  Guzik & Associate It is rare that I am able to find agreement with the publicly stated positions of the North American Securities Administrators Association (NASAA). Equally rare – members of Congress who are traditionally strong advocates for “smart” regulatory reform of capital formation by SME’s to find themselves on the same page as NASAA.  However, there appears to be a growing, even overwhelming, consensus that the SEC’s proposed rules to modify current federal restrictions on the intrastate sale of securities – are on the one hand a step in the right direction.  But on the other hand,…

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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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What to Know Before Purchasing a Restaurant Franchise

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  Franchises have proven to be a lucrative venture for savvy investors, and the restaurant industry continues to remain a popular option for entrepreneurs looking to expand their business sights. While in theory it sounds like an easy venture—buy a pre-existing business that’s proven to be successful and oversee it—in reality, the ins and outs of securing and maintaining a restaurant franchise can be time-and-cost intensive. Consider the following facets of franchise endeavors and determine whether this venture is right for you. Raise the Funds While opening a franchise restaurant is generally much cheaper than starting a restaurant from scratch and building it from the…

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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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Managing The Risks Of Crowdfunding

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By Evan Bundschuh, RPLU  & CrowdFund Beat Guest Editor, For new ventures looking to raise capital or test their market/product, crowdfunding has proven to be the go-to solution with an ease and excitement that other methods of funding lack. With that excitement though comes challenges. As a fairly young platform with a legal landscape that has yet to develop, the risks of crowdfunding are often overlooked. While the risks may seem invisible, mistakes are inevitable, as are the lawsuits and damages that follow. The challenge is forecasting when and where the potential dangers/disasters will arise (before they do) in order to protect your business, its directors, and…

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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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Communications and publicity by issuers prior to and during a “Regulation CF” offering

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By Sara Hanks , CrowdFundBeat  Sr.contributing Guest Editor  CEO/Founder, CrowdCheck, Inc. The idea behind crowdfunding is that the crowd — family, friends and fans of a small or startup company, even if they are not rich or experienced investors — can now invest in that company’s securities. For a traditionally risk-averse area of law, that’s a pretty revolutionary concept! In order to make this leap, Congress wanted to ensure that all potential investors had access to the same information. The solution that Congress came up in the JOBS Act with was that there had to be one centralized place that an investor could access that information —…

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Crowdfunding: REG A+ Due Diligence!

Pros and Cons of Regulation A+

HEADLINE NEWS

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 fills gap for Singapore's small cap companies | ReutersReutersFirst listco issue wins regulatory blessingBy Daniel StantonSINGAPORE, Dec 5 (IFR) - Metech International, anelectronic-waste management c.and more » [...]

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 [...]

Crowdfunding proposals soughtMonadnock Ledger TranscriptIndividuals, businesses and organizations based in Keene, Chesterfield, Hinsdale, Swanzey and Winchester are invited to submit project proposals to a new, locally focused crowdfunding platform, called The Local Crowd (TLC) Monadn [...]

Crowdfund InsiderWeFunder Has Raised $1.8 Million in a Self-Crowdfunding CampaignCrowdfund InsiderWefunder is in the midst of a self-crowdfunding round and things are moving along quite well. The minimum raise was pegged at a $1 million goal and as of t.and more » [...]

Crowdfund InsiderDoug Ellenoff & Richard Baumann of EGS Explain Unique Structure of Fig Reg A+ Crowdfunding OfferCrowdfund InsiderUtilization of the updated securities exemption colloquially called Reg A+ continues to gain traction. A form on crowdfunding that has been described a [...]

Changes In Intrastate Crowdfunding Rules: Will They Make A Difference?Mondaq News Alerts (registration)While these changes could provide a useful tool for small businesses, the SEC's evolving stance on nationwide crowdfunding and lack of coordination with existing state law may h [...]

#BE30DayChallenge: 5 Prep Steps to Launch a Successful Crowdfunding CampaignBlack EnterpriseCrowdfunding has had its share of success stories. Fundraisers have secured millions to develop everything from hotels and electric cars, to devices that track lost wallets to creative film pro [...]

SBSCrowdfunding campaign aims to bring Indigenous grains to many kitchensSBSTrending Food. These are the ten best items at yum cha · Crowdfunding campaign aims to bring Indigenous grains to many kitchens · Peppernut cookies (pepernoten) · Hyderabadi-style chicken biryani · Malay curry [...]

Technology ZimbabweSocial Media now a prefered crowdfunding platformTechnology ZimbabweSocial media is fast becoming a place for anyone to push what they have to the world and varies from “10 000 likes for beating cancer” to crowd funding for charitable initiatives which Mr Rabison Sh [...]

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