Opinion

Regulation A Timeline

By Mark Roderick CrowdFunding Beat  Sr. contributing editor and crowdfunding attorney with Flaster/Greenberg PC. “How long will it take?” That’s one of the two questions I’m asked most often about Regulation A. The answer is that if everything goes smoothly, it should take about 20 – 24 weeks from the day an issuer decides to raise money using Regulation A until it begins selling securities. Every company is different, of course, and lots of things can delay the process, but 20 – 24 weeks is a good rule of thumb. With this Regulation A Timeline, I hope to provide issuers and their advisors with a framework for conducting…

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Intermediaries, Trust and Equity Crowdfunding

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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Crowdfunding Aggregators Help Investors Gain Efficiency, Convenience

By Jorge Newbery,  CrowdFundBeat contributing Guest Editor,  Founder and Chief Executive Officer of American Homeowner Preservation LLC Crowdfunding is predicted to account for more funding than venture capital in 2016. This relatively new tool is rapidly emerging as a powerful capital-raising option for startups, small businesses, and real estate operators. Equity crowdfunding, or investment crowdfunding, empowers investors to fund ventures in return for equity or debt. But with countless deals available on a wide range of online platforms, would-be investors may not know where to look for deals, or may feel overwhelmed by the abundance of choices. In order to help potential investors navigate this sea…

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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

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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“REG CF” An Analysis of the First 50 Crowdfunding Offerings

By Marc A. Leaf, Robert T. Esposito, and Abigail Luhn, The Securities and Exchange Commission (SEC) is now accepting Form C filings from private companies seeking to sell securities through registered crowdfunding portals. We have been following the nascent crowdfunding space closely and will continue to monitor the adoption of crowdfunding as a new method of financing private companies. In this alert, we will analyze offerings conducted through crowdfunding portals, offer tips for those thinking of entering the space, and provide a summary of the SEC’s final rules and forms for equity crowdfunding (“Regulation Crowdfunding”). The Drinker Biddle Crowdfunding Report, an open data set providing…

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A Reflection of Online Money Lending

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

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

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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Regulation Crowdfunding is a Different Ball Game

By Brian Bourgerie Crowdfunding Strategy, Personal Cloud Technology, CrowdFund Beat Guest post, For the last six months or so I have been working with both portal owners and offering issuers to prepare for Regulation Crowdfunding (Title III). Having been in the trenches on multiple sides I have been able to observe some of the shortcomings and successes of the new crowdfunding law and those taking advantage of it. I want to focus on one area of observation (and frustration) we have come across. Just because you were successful with Reg D or even Reg A+ doesn’t mean you know what you’re doing with Reg CF. Similarly, having…

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JOBS Act Title III Crowdfunding – A Trap for the Unwary?

By Samuel Guzik, Corporate Securities Lawyer. Crowdfund Beat Gust Post. June 2, 2016- A few weeks ago I wrote an article discussing one of the potential pitfalls – and weaknesses – in the SEC’s new Regulation CF, which became effective May 16, 2016, which allows private companies to raise up to $1 million on an SEC registered internet portal.  Though equity crowdfunding was inspired by rewards based platforms, such as Kickstarter, the structure that emerged for equity crowdfunding, Title III of the JOBS Act of 2012, was quite different. In particular, due to intricate SEC rules and doctrines followed for decades, most often in registered…

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“The Fix Crowdfunding Act”

BY Lauren Leibowitz, Principal at 1st BridgeHouse Securities, LLC, Crowdfund Beat Sr. contributing editor, The Evolving Crowdfunding Regulations: Now Presenting “The Fix Crowdfunding Act” On April 5, 2012 the JOBS Act was passed. On October 30, 2015 Title III: Equity Crowdfunding final rules were passed which marked all 7 Titles of the JOBS Act were approved. Recently, the ‘‘Fix Crowdfunding  Act’’ was  introduced to Congress to improve Regulation Crowdfunding.  FINRA and SEC has taken an approach of letting the crowdfunding industry cultivate the business model and the regulators will oversee and implement regulations on an as needed basis. The integration of technology within the private capital markets is…

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HEADLINE NEWS

Forbes4 Dirty Little Secrets Of Crowdfunding And Why You Should Still Do ItForbesI wasn't prepared for what would happen when I jumped into the murky crowdfunding waters. Before you end up splashed with cold water like I was, here are ...and more » [...]

Forbes7 Ways To Generate PR For Your Crowdfunding CampaignForbesAs a contributor to Forbes, I've seen thousands of pitches from companies using crowdfunding platforms like Kickstarter and Indiegogo. The senders are generally in a state of desperation, frantically trying to get me [...]

Mountain XpressFaces in the crowd: WNC crowdfunding initiatives | Mountain XpressMountain XpressEach week, Xpress highlights notable WNC crowdsourcing initiatives that may inspire readers to become new faces in the crowd. This week features a ...and more » [...]

Equity Crowdfunding: What Kinds of Businesses Are Being Funded ...Motley FoolEquity crowdfunding has taken off since the passing of the JOBS Act, with businesses and investors of all types taking advantage of the new opportunity.and more » [...]

BusinessDenSnowshoe crowdfunding campaign hits a halfway pointBusinessDenJake and Tamara Thamm, owners of Crescent Moon Snowshoes, have passed $10,000 pledged on the crowdfunding site, with a goal of $20,000. “It is pretty much exactly what it costs (to get) our new molds going,” Jake [...]

The Star OnlineCrowdfunding: Crowded with failuresThe Star OnlineHigh profile: Pebble was one of the major successes on Kickstarter with each model of the smartwatch launched on the crowdfunding platform exceeding its funding goals. Unfortunately, that couldn't save the company a [...]

Five garden crowdfunding projects to back this springThe Guardian (blog)Five garden crowdfunding projects to back this spring. From giving women at Yarl's Wood a place to garden, to transforming a Glasgow community's soft drinks habit, these projects are all seeking funds to [...]

EntrepreneurHow to Launch a Successful Crowdfunding ProjectEntrepreneurThis is exactly what Andrew Thomas did. Thomas is the co-founder of Skybell, an interactive video doorbell for your smart home. Thomas went right into the heart of entrepreneurship when he became one of the top 10 [...]

Fraud concerns prompt JustGiving to verify victim crowd-fundingBBC NewsFor the first time, the company has taken direct control of a crowd-funding page, which any individual can set up. Concerns were raised over a fund for the family of Aysha Frade, after a person who set up the page [...]

Crowdfunding platform Kickstarter has seen 10000 games recieve full fundingPocket Gamer.BizThe platform states that $613 million has been raised across the projects by 2.46 million different people. Of those people, 1.45 million had backed more than one project. The very first games p [...]

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