SEC REGULATORY ALERT: COMMISSION POISED TO ADOPT EXPANDED INTRASTATE CROWDFUNDING RULES

By Samuel S. Guzik, CrowdFundBeat special guest editor,  Guzik & Associate

The Securities and Exchange Commission has announced that it will be meeting on October 26, 2016 to consider and adopt amendments to Rule 147, the safe harbor for the issuance of securities pursuant to the so called intrastate exemption.  Rule 147 has been problematic for issuers in the past, as it restricts offers and sales of securities solely to residents within a state’s borders.

SEC informal written Staff interpretations issued in 2014 took the position that open internet solicitation by an issuer would preclude the use of this exemption for local businesses, even if sales were limited to residents of that business’s state. Many, including myself, have criticized this Staff position, simply because it was at odds with many prior, longstanding SEC rulings allowing general solicitation via radio and newspaper ads which crossed state borders.

In October 2015 the Commission issued a new proposed rule, Rule 147A, which would have broadened this exemption to allow internet solicitations, but at the same time limited the aggregate amount that could be sold in an offering to $5 million. The Commission also proposed to eliminate the existing Rule 147 in its entirety, something which many commentators pointed out would effectively nullify the majority of the existing state crowdfunding exemptions, now available in approximately 35 states.  Moreover, most securities practitioners agree that the statutory intrastate exemption, without a “safe harbor” rule, would render the exemption unusable, leaving issuers with a single option: relying on the new Rule 147A – with its $5 million cap.

Though most comments on the proposed rule welcomed the modernization of the intrastate exemption, most were opposed to limiting the offering amount and eliminating the existing Rule 147 safe harbor. It is therefore highly likely that the final rules will incorporate these comments and concerns.

Stay tuned for more developments on this upcoming Commission action at www.corporatesecuritieslawyerblog.com.

Tags: , , , , , , , , , , , , ,

HEADLINE NEWS

This RSS feed URL is deprecated, please update. New URLs can be found in the footers at https://news.google.com/news [...]

The VergeNeill Blomkamp's Firebase crowdfunding campaign comes to an ...The VergeJust over a week after announcing its crowdfunding campaign to fund a sequel to its short concept film Firebase, Neill Blomkamp's Oats Studios has pulled the plug on the project, and says that i [...]

ForbesNeed To Fund Your Health Idea? How About Crowdfunding? - ForbesForbesGot an idea that you think will change the face of health or public health? Don't know where to go to get funding to launch the idea? Worried that you won't be able to convince one person or one organ [...]

Billy PennMore than in other cities, Philly families resort to crowdfunding for funeral costsBilly PennOf the top 45 crowdfunding campaigns in Philadelphia currently listed on the site, 25 are looking for help paying for memorials. GoFundMe recognizes the need, and even has a page ded [...]

Stuff.co.nzJeremy Elwood and Michele A'Court: Crowdfunding is like buskingStuff.co.nzStormy Daniels is currently raising US$75,000 a week through crowdfunding to cover her legal expenses against Donald Trump. OPINION: Husband-and-wife comedians and commentators Jeremy Elwood and [...]

WDJTWoman accused of stealing from crowdfunding account she set up for grieving familyWDJTMINNEAPOLIS (WCCO) — A 49-year-old Minnesota woman faces charges for allegedly stealing money from a crowdfunding account she set up for a family who suffered a loss, according to the Hennepin Co [...]

Joplin Globe'Grow with us': Empire Market launches crowdfunding effort ahead of openingJoplin GlobeTo help provide those amenities, Downtown Joplin has begun a crowdfunding effort ahead of the market's Saturday opening day. DJA was the only Joplin-based organization sel [...]

FierceBiotechCNS Pharma turns to crowdfunding to advance glioblastoma drugFierceBiotechCNS Pharma has launched a fundraising drive for a phase 2 study of a drug for glioblastoma, the form of brain cancer that has claimed the lives of Senator Ted Kennedy and Vice President Joe Biden [...]

Popular ScienceAnker's smart home brand is crowdfunding a new security systemPopular ScienceWe don't typically post about Kickstarter campaigns, but Eufy—like their parent company Anker—makes excellent products that are more reliable and interesting than the average crowdfun [...]

Crowdfund InsiderPremium Cider Brand Cranes Launches Second Equity Crowdfunding Campaign on SeedrsCrowdfund InsiderCranes, a UK-based premium cranberry cider brand, has launched its second equity crowdfunding campaign on Seedrs. The debut of the latest funding round comes less than tw [...]

CFB Finance

Marketwired

  • Crowdfunding
  • Crowdfund
  • Peer to Peer Lending
  • FinTech
  • Reg A+
  • Reg CF
  • Crowdfunding USA

Press Release

Live Crowdfunding .tv

What's Next Step in Regulation A+ JOBS ACTS Title IIII :L Interview : Steve Cinelli with Brian Korn Securities and Crowdfunding/Peer-to-Peer Lending Lawyer, Watch more video library | Conference | Interview | Campaign Showcase | Research | Education |