SEC Makes Intrastate Crowdfunding A Little Easier

By Mark Roderick CrowdFunding Beat  Sr. contributing editor and crowdfunding attorney with Flaster/Greenberg PC. The SEC just adopted rules that should make intrastate Crowdfunding easier, at least if State legislatures do their part. To understand how the new rules help and how they don’t, start with section 3(a)(11) of the Securities Act of 1933, which has been, until now, the basis for all intrastate Crowdfunding laws. While section 5 of the Securities Act generally provides that all sales of securities must be registered with the SEC, section 3(a)(11) provides for an exemption for: Any security which is a part of an issue offered and sold only to persons…

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Trump victory: a bumpy ride or financial opportunities?

CrowdFund Beat  Special Report,  Trump winning the U.S. presidency is a bigger deal than Brexit, expect enormous volatility, but also important financial opportunities, affirms the boss of one of the world’s largest independent financial advisory organizations. The observation from Nigel Green, founder and CEO of deVere, comes as multibillionaire real estate mogul and reality TV star Donald Trump wins the race to the White House to become America’s 45th president. Mr Green comments: “Buckle up for a bumpy ride in the global markets.  Whether President Trump will, in fact, do what he has said he will do throughout his campaign, or whether it was just…

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“Live” US Election and Crowdfunding

CrowdFund Beat News Wire, The Crowdfunding Professional Association is proud to host a first ever open discussion on how federal elections may affect our maturing industry. Hosted by several members of the CfPA board of directors and a group of distinguished industry colleagues, join the discussion on election day, Tuesday, November 8th at 2pm Eastern time by dialing (866) 922-3257 or (206) 315-1752. Passcode 151328. Featured participants include Brian Korn, Richard Swart, Scott McIntyre, Georgia Quinn, Mark Roderick and Anthony Zeoli. 2016 US Election coverage

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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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Making Money, People and Power Work

BY CYNTHIA NEVELS • What do you think of when you see a vacant commercial building in a middle-class neighborhood? Do you say to yourself, “I could start my own business there if I had the capital,” or “a Whole Foods should open here and bring new jobs”? Have you ever asked yourself how enterprises such as Whole Foods, Toyota, Jamba Juice, or Amazon.com select cities to plant their seeds to grow and the impact that decision has on local communities? You can thank your powerful local economic development agents and their collaborative partners for the harvest in fast-growing cities throughout North Texas. Since the…

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

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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Ron Suber, Alt Lending 2016

SEC Adopts Final Expanded Intrastate Crowdfunding Rules

By Samuel S. Guzik, CrowdFundBeat special guest editor,  Guzik & Associate Today the SEC unanimously adopted amendments to Rule 147 and Rule 504, and adopted a new Rule 147A, intended to modernize and facilitate local offerings by companies in their home state.  The final rules are much improved from the proposed rules issued in October 2015, in response to virtually unanimous views of rule commentors. The only fly in the ointment is that most states will need to update their legislation in order to be able to take advantage on the new, relaxed rules allowing broad internet solicitation. However, sales are still limited to investors in…

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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…

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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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THE FINTECH REVOLUTION COMES TO REGIONAL AND COMMUNITY BANKS

Crowdfund Beat Fintech Center.    Manatt Survey Reveals Collaboration, Not Competition, Between Banks and Fintech Is the Way Forward LOS ANGELES – Oct. 24, 2016 – Thousands of regional and community banks are turning to fintech in order to meet the needs of customers who demand services on their computers, tablets and phones, according to a new report by Manatt, Phelps & Phillips, LLP. Conducted in conjunction with Mergermarket, the report, “Growing Together: Collaboration Between Regional and Community Banks and Fintech,”  is based on survey responses of senior executives from regional and community banks (50%), fintech companies (25%), and private equity firms, venture capital firms…

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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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CROWDFUNDING DEBATE

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

  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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Real Estate Crowdfunding for Retirement

Crowdfund Beat Media, Real estate is an important part of any well-diversified portfolio. Not only is it a good way to protect yourself against volatility in the stock market, it can also provide retirement income. One of the best things about investing in real estate is that you have so many different ways to do it. House-flipping is one option if you want to pocket big profits all at once. Becoming a landlord is another way to go if you’d rather be on the receiving end of monthly rental payments.   Real estate crowdfunding, is an alternative that’s gaining popularity. It’s estimated that the real…

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2020 Crowdfunding Market Survey

 

2020 Prospect –A Forward Look at Digital Finance

Dara Albright Media Announces New FinTech Video Channel and Broadcast of its Upcoming FinTech Revolution Symposium

Crowdfund Beat NewsWire, FinTechREVOLUTION.tv will feature the leadership, ingenuity and technologies that are shaping the future of personal finance ATLANTA, GA (PRWEB) OCTOBER 11, 2016 Dara Albright Media, known for its trendsetting FinTech articles and acclaimed industry conferences that helped birth the crowdfinance movement, is pleased to unveil FinTechREVOLUTION.tv, a new FinTech video channel supported by BrightTALK technology. BrightTALK is a leading provider of financial webinars and videos and the producer of the highly praised Digital Banking Summit which continues to garner widespread views from financial industry professionals across the globe. FinTechREVOLUTION.tv will stream both live as well as on-demand video programming aimed at helping investors…

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An Upcoming Opportunity for Private Companies to Explore Regulation A+ Financing Options

By Samuel S. Guzik, CrowdFundBeat special guest editor,  Guzik & Associate Though I regularly speak at national alternative finance events it has not been my custom or practice to independently publicize these events.  So today being Columbus Day, an historic event marking the voyage of Christopher Columbus toward new horizons, I thought this would be as good a day as any to break with tradition and call attention to my next speaking event – open to the public. On November 10, 2016, I will be joined by more than a dozen of some of the most prominent professionals in the new Regulation A+ financing space, representing…

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Reg A Success Stories

Reg A Success Stories

At Dealflow’s Crowdfunding Conference in NYC last week one of the speakers (a good friend of mine) said that only 2 Reg A+ offerings thus far have closed (been successful), one in real estate (Fundrise) and one in automotive (Elio Motors, a FundAmerica/StartEngine/Hambrecht/Jumpstart customer). That’s incorrect. FundAmerica has, thus far, been a technology and compliance service provider to 11 Reg A+ offerings. Of those, 3 have “failed”, meaning they did not reach their minimums and investors were refunded from escrow. Of the other 8, 6 have met their minimums (and started receiving disbursements from escrow even as they continue to raise capital) and 2 are…

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Crowdfunding Is Just Beginning

By Mark Roderick CrowdFunding Beat  Sr. contributing editor and crowdfunding attorney with Flaster/Greenberg PC. For those of us who work in the Crowdfunding space, it can seem as if we’ve covered a lot of ground since April 5, 2012, the day President Obama signed the JOBS Act into law. At a conference in New York earlier this year, a panelist actually referred to Crowdfunding as a “mature” industry. Nothing could be further from the truth. Crowdfunding is actually just beginning. A couple weeks ago I received a promotional email from OurCrowd. Founded by Jon Medved, one of the most successful venture capitalists in the world, OurCrowd has developed into the…

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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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Where are they now? Marketplace Lending


Watch Ron Suber (Prosper Marketplace)

IS THE SEC’S ACCREDITED INVESTOR DEFINITION UN – CONSTITUTIONAL?

By Samuel S. Guzik, CrowdFundBeat special guest editor,  Guzik & Associate Many have railed against what can be argued is the irrationality of protecting non-accredited investors from themselves, i.e. the accredited investor definition.   The definition was crafted by the SEC back in the early 1980’s as the centerpiece of what has been the most utilized method for companies to raise capital in an offering not registered with the SEC, Regulation D. In simple terms, if a company wishes to raise capital without registering its offering with the SEC, it can utilize the Regulation D “safe harbor” created by the SEC to sell securities to both accredited…

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Welcome to the FinTech Revolution!

Fintech Fundings: 26 Companies Raise $270 Million

The fintech sector attracted $266 million in new capital the second week of August. Half went to Finovate/FinDEVr alums including: $56 million to customer service specialist Interactions $52.5 million to alt-auto-title lender Finova Financial $17 million to Upguard for its cybersecurity technology $5.8 million went to Finovate alum Pindrop to further its phone-based fraud solutions $5 million to CUneXus to expand its consumer lending platform The number of deals totaled 26, slightly below the YTD average of 28 deals per week. The YTD total now stands at 895, about 400 more than last year’s 484. Total dollars raised YTD is $19.9 billion, nearly double the…

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Issuer-Dealer and Agent Registration Requirements for Issuers Not Utilizing a Registered Broker-Dealer for Offers and Sales of Securities under Tier 2 of Regulation A

By Sara Hanks , CrowdFundBeat  Sr.contributing Guest Editor  CEO/Founder, CrowdCheck, Inc. The Securities and Exchange Commission’s (“SEC”) amendments to Regulation A went into effect on June 19, 2015. Those amendments provided companies not just with greater access to capital through the ability to raise up to $50 million, but also a greater ability to communicate with investors through novel communication rules previously unavailable to issuers in a public offering of securities. Whereas previously, communications for public offerings were limited to the information contained in an offering prospectus or offering circular, the amendments to Regulation A instead allow issuers to freely communicate before any filing or qualification with…

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The New and Improved Regulation A

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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2016 List of CrowdFunding Websites

Click here for Complete : CrowdFunding Lists, Data, Analytics, Research, Statistics, Reports, Infographic Alumni Funder Angel Dorm Angel List Ahpinvest Angel Shares App Backer App Split Apps Funder Artist Share Bank To the Future Beex Bounty Source Breakaway Funding CrowdFunding USA  Catincan Cause Vox Coassets .com Crowdfunders.asia Cauzoom Cinema Shares Circle Up CrowdFunding Chip In Click Start Me Co-Fund Us Common Box Connected Film Crowd books Crowd Cube Crowd Equity CrowdFundBeat Media Crowd Funder Crowd Funding Bank CrowdBoarders.com  Crowd Helps Crowd Housing Crowd It Crowd SupplyCrowd Rise Tilt Donors Choose Dream Bank Early Shares Epic Step Equity Endeavor Equity Net Exploration Funder Faith Funder Faith…

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Evaluating Crowdfunding’s Potential for Investing Platforms

By Rachael Everly, CrowdfundBeat Guest Post, Crowdfunding is now being viewed as a financial innovation for entrepreneurial projects or other investment prospects. The true success stories can be examined from the Silicon Valley projects as many entrepreneurs made their start-up plans into successful businesses. The initiative created focus for entrepreneurs and the tech ecosystems which ignited the drive for innovation and sustainability. There are a number of factors which lead to Crowdfunding such as lack of mobile/web infrastructure, high cost for the implementation of high end technology, developmental costs and restrictive financial regulations. For most students who become entrepreneurs after graduation, it is more challenging…

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Alternative Finance in Europe grew to €5.4 billion

By Ronald Kleverlaan,  Crowdfunding Beat Guest post, Crowdfunding strategy, CrowdfundingHub, advisor European Commission, co-founder European Crowdfunding Network The European online alternative finance market grew 92% to €5.4 billion in 2015, according to the second annual survey by theCambridge Centre for Alternative Finance, in partnership withCrowdfundingHub, KPMG and supported by CME Group Foundation.   Total amount of funding between 2013-2015 Sustaining Momentum The report released today, entitled “Sustaining Momentum”, had the support of 17 major European industry associations and research partners, and was based on data from 367 crowdfunding, peer-to-peer lending and other alternative finance intermediaries from 32 European countries – capturing an estimated 90 per…

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Attorney Sanctioned by SEC for Unregistered Broker-Dealer Activity

Attorney Sanctioned by SEC for Unregistered Broker-Dealer Activity

By  Bret Daniel , Wealthforge.com, CrowdfundBeat Guest Post, The SEC crackdown on unregistered entities continues to grab headlines. Recently, we wrote about the importance of complying with the broker-dealer registration requirement under Section 15(a) by highlighting the latest violations by portfolio managers, online platforms, and individuals. We suggested that anyone that helps to facilitate a securities offering, even in the broadest sense, should consult a lawyer about the necessity of registering as a broker. The most recent SEC enforcement action, however, demonstrates that even lawyers can get tangled up in the wide net cast over unregistered broker-dealers. EB-5: Visa or Security? Mark Ivener was a…

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Improving Legal Documents in Crowdfunding: New Tax Audit Language for Operation Agreements

By Mark Roderick CrowdFunding Beat  Sr. contributing editor and crowdfunding attorney with Flaster/Greenberg PC. Last year I reported that Congress had changed the rules governing tax audits of limited liability companies and other entities that are treated as partnerships for tax purposes. The changes don’t become effective until tax years beginning on or after January 1, 2018, but because most LLCs created today will still be around in 2018, it’s a good idea to anticipate the changes in your Operating Agreements today. Under the current rules, the IRS conducts audits of LLCs at the entity level through a “tax matters partner” (normally the Manager of the LLC), and…

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Worried About Fraud with your Self Directed IRA? SEC says, Ask a Financial Advisor

By Kirk Chisholm Wealth Manager and Principal at Innovative Advisory Group (IAG), CrowdFund Beat Guest post, If you are worried about the risks of fraud when using a self-directed IRA, then do as the SEC recommends in their Fraud Alert, “Ask a professional”. In their September 2011 Investor Alert, Self-Directed IRAs and the risk of fraud , the SEC outlined typical fraud risks when using a self-directed IRA. The top three self directed IRA fraud risks that they focus on are: Misrepresentations regarding custodial responsibilities Exploitation of tax-deferred account characteristics Lack of information for alternative investments While these may be common fraud risks that the SEC sees…

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Commercial Real Estate Crowdfunding


Join host Michael Bull and his guest, Brian Korn from Manatt, Phelps, and Phillips, as they discuss strategies and tips for investors and sponsors

An Investment Decision – Single-Family Homes vs Multifamily Properties

Crowdfund Beat Editorial, Real estate investing has long been an enticing option for entrepreneurs looking to expand and diversify their investment portfolios, and for good reason. The housing market crash of the last decade has resulted in a hot rental market, as many Americans are choosing to forgo buying in favor of renting for flexibility and affordability. If you’ve been considering a foray into real estate, you’re not alone in your desire. Many are throwing their hats into the landlord ring, and hoping to make sustainable profits that cushion retirement funds and serve as immediate supplemental income. Before making an offer on a property, there’s…

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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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HEADLINE NEWS

Crowdfund InsiderRecommendations Provided to EU to Boost Crowdfunding in Renewable EnergyCrowdfund InsiderA group of 14 different partners worked on the project that saw the participation of the European Crowdfunding Network and four different crowdfunding platforms in the renewable e [...]

Jamaica GleanerPointers to Publishing | Consider crowdfunding to finance your bookJamaica GleanerYou have great ideas but do not have the funds, or you do not want to take the risk of taking a loan or asking for financial support from family. Crowdfunding might be your best bet, and t [...]

FortuneCrowdfunding: Women Better at Raising Money Than Men Are ...FortuneA new study has found that women are generally better than men at crowdfunding.Women are better at crowdfunding than men, shows study | The ...The IndependentWhy women join the crowd: Gender gap in bank lending, [...]

The VergeDonald Trump's terrible crowdfunding site was a microcosm of his political careerThe VergeAnd from the beginning, the site had Trump's populist edge. Zanker boasted that “the reign of Kickstarter's Brooklyn hipsters is over,” referring to Kickstarter's New [...]

ForbesWhy Crowdfunding Is Still Booming, Especially For Chinese Tech CompaniesForbesBased on recent media reports, it looks like crowdfunding is now in the "disillusionment" phase of the famous Gartner hype cycle, after peaking a few years back. I will argue that crowdfundin [...]

Social media, crowdfunding skirmishes encapsulate Endy debateThe Herald JournalAfter that, a campaign with the same goals and the same organizer appeared on a separate crowdfunding site, FundRazr.com. This campaign also drew negative attention on social media, and after a few hours th [...]

How Women Trounce Men When Raising Seed Crowdfunding CapitalForbesMale entrepreneurs may account for the majority of business owners raising finance on crowdfunding platforms in the UK, but their female counterparts are far more likely to get the support they seek, new research shows. [...]

Android Authority (blog)Crowdfunding project of the week: ORII allows for making calls using your fingerAndroid Authority (blog)Did you ever watch those movies where special agents communicate with each other by putting an index finger up to the ear? I wasn't always able to see a [...]

Wired.co.ukAfter budget cuts, museums are crowdfunding to preserve historyWired.co.ukIn 2015, the Smithsonian National Air and Space Museum in Washington, D.C. launched its very first crowdfunding campaign to 'Reboot the Suit'. The idea was to raise much-need funds to conser [...]

Awesome tech you can't buy yet: Sun-defying tents, bee monitors, dream masksDigital TrendsAt any given moment, there are approximately a zillion different crowdfunding campaigns happening on the Web. Take a stroll through Kickstarter or Indiegogo and you'll find no shortage [...]

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