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CF Laws, Rules, Regulations & Compliance

New to Crowdfunding? Here’s What to Expect.

40Billion.com, Crowdfund Beat Guest Post. With the popularity and success of crowdfunding as a new way to fund new projects, it’s easy for other aspiring entrepreneurs to believe that sites like Kickstarter are their golden ticket to launching a business. But the reality is, crowdfunding isn’t always as simple as it seems. Whether you’re looking to raise a small amount of startup cash or acquire a larger sum through equity crowdfunding, there are a few challenges you might face during the process that you may not have expected. Choosing the right platform The first step is to choose the right platform. Not all of them…

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HR 3784 – SEC Office of Small Business Advocate – Is Now the Law of the Land

By Samuel S. Guzik, CrowdFundBeat special guest editor,  Guzik & Associate On December 16, 2016, President Barack Obama Signed into Law HR 3784 – SEC Office of Small Business Advocate, creating an independent Office of Small Business Advocate at the SEC, reporting directly to the full Commission and Congress. This legislation was first introduced into Congress in October 2015, where it was originally co-sponsored by former House Representative John Carney (D-Del) (now Governor-Elect of the State of Delaware) and Congressman Sean Duffy (R-Wisc) and was passed unanimously by the House of Representatives in 2016. It was passed unanimously by the U.S. Senate on December 9, 2016,…

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

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

  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

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.

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

  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

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

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?

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

Inc.comHow Crowdfunding Will Make You a Better EntrepreneurInc.comThe crowdfunding campaigns you hear about are ones that wildly succeed. So and so raised millions of dollars, the headlines read. Rarely do we hear from entrepreneurs when they are actually in the heat of battle. Breath [...]

Technical.lyAfter success on Kickstarter, a 3D printing CEO started his own crowdfunding platformTechnical.lyM3D is launching a new 3D printer called the Promega, and they're turning to crowdfunding to help with its release. It's a familiar approach for a company who had thr [...]

Entrepreneurs look at crowdfunding opportunitiesFergus Falls Daily JournalIn the third meeting for the group, Duccini and Jade Barker, a consultant for Silicon Prairie, were invited to present on MNvest and how it allowed them to create a crowdfunding portal company. The MNvest law ha [...]

BizWest MediaStartup creating platform for patents, crowdfunding, idea protectionBizWest MediaDENVER — A new startup is looking to make patents more accessible and intellectual property more protected. IdeaJam, a company that operates in Denver and Boulder,has a new platform that aims [...]

The GuardianDisabled patients 'relying on crowdfunding' for wheelchairsThe GuardianDisabled patients are increasingly having to rely on crowdfunding to pay for wheelchairs, a leading doctor has warned. Cuts in services, a postcode lottery of availability and delays mean that [...]

Indiana LawyerCrowdfunding for court costsIndiana LawyerCrowdfunding websites such as gofundme.com and others are rife with fundraising campaigns for various legal matters, from neighbors fighting to stop approval of a “factory” hog farm in northern Indiana to a federal case in which [...]

Marketplace.orgCrowdfunding for your life - MarketplaceMarketplace.org"When I took that phone call, and I learned that this was just going to completely uproot my whole life, I'd say I spent maybe 10 seconds or so only freaking out ...and more » [...]

North Devon GazetteNorth Devon woman's £66k crowdfunding appeal for cancer treatmentNorth Devon GazetteNicky was seen undergoing surgery in the programme, but also made an emotional appeal for crowdfunding to help raise the necessary – and potentially lifesaving - £60,000 for the [...]

WFMY News 2Crowdfunding for 529 College Savings PlansWFMY News 2People have used crowdfunding sites to raise money for business ideas, help afford medical emergencies and even to pay for vacations. Now the concept is coming to college savings. More 529 plans, the accounts that give fa [...]

ForbesThis $130 Million Fund Is Leading The Way In Real Estate CrowdfundingForbesWhen people think of crowdfunding, the first word that jumps to mind is Kickstarter. But crowdfunding is not limited to supporting the next card game or independent film. Crowdfunding is becoming a viable [...]

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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 |