News & Analysis as of

Crowdfunding

Crowdfunding is a method for raising capital whereby many individuals network and pool their funds, usually via the internet or social media. Crowdfunding methods are used in a variety of circumstances including,... more +
Crowdfunding is a method for raising capital whereby many individuals network and pool their funds, usually via the internet or social media. Crowdfunding methods are used in a variety of circumstances including, but not limited to, supporting charitable organizations, disaster relief, product development, artistic projects, and financing start-up companies. The passage of the JOBS Act of 2012 sought to broaden the use of crowdfunding in developing private capital for start-up companies by relaxing certain SEC investor registration requirements. less -

Draft Fintech Law bill introduced in Mexico

by White & Case LLP on

On September 18, 2017, the Ministry of Finance and Public Credit (SHCP) submitted to the Mexican Federal Commission for Regulatory Efficiency (Comisión Federal de Mejora Regulatoria, COFEMER) the draft bill of the Law...more

Corporate and Financial Weekly Digest - Volume XII, Issue 38

SEC/CORPORATE - SEC Provides Regulatory Relief to Companies Impacted by Recent Hurricanes - On September 28, the Securities and Exchange Commission (SEC) announced its issuance of an order and its adoption of interim...more

Portuguese Children Crowdfund Climate Change Suit Against 47 Countries

by Latham & Watkins LLP on

Six Portuguese children are raising funds to sue 47 European countries, asserting that their right to life has been threatened because governments have allegedly failed to adequately deal with climate change. With the...more

MAS Clarifies Regulatory Position on Digital Token Offerings in Singapore

by Morgan Lewis on

The Monetary Authority of Singapore indicates that various forms of crowdfunding involving the use of digital tokens likely will be regulated if the digital tokens constitute products regulated under the Securities and...more

Licensing for crowd-sourced funding operators

by DLA Piper on

Amendments to the Corporations Act 2001 (Cth) (Corporations Act), introducing a crowd-sourced funding (CSF) regime, will take effect on 29 September 2017. From this date, CSF operators (intermediaries) will be able to apply...more

China Halts ICOs and Token Sales and China-Based Trading Platforms Suspend Trading Amid Reports of Additional Government...

by Perkins Coie on

The government of the People’s Republic of China (PRC) has formally announced a suspension to all ICOs and token offerings and financing activities by releasing two notices, namely, the Notice of Seven Ministries Including...more

In Case You Missed It: Launch Links - September, 2017 #2

by WilmerHale on

Some interesting links we found across the web this week: How Pro Rata Works in Venture Capital Deals - VC’s suffer from FOMO just like the rest of us. ...more

SEC to ICO Players: Our Game, Our Rules

On July 25, 2017, the U.S. Securities and Exchange Commission (the “SEC”) published an investigative report (the “Report”) cautioning market participants that the offer and sale of digital assets such as “coins” or “tokens,”...more

SEC Focuses on Initial Coin Offerings: Tokens May Be Securities Under Federal Securities Laws

by Dechert LLP on

The U.S. Securities and Exchange Commission (SEC) has recently taken several actions to make clear that it is focused on and actively monitoring the rapidly growing market for so-called “token sales” or “initial coin...more

SEC Taking Action Against Cryptocurrency ICO Promoters

by Slim Ventures LLC on

The SEC has begun clamping down on Initial Coin Offerings of cryptocurrency investments, with promoters needlessly running afoul of the SEC. With over a billion dollars raised year-to-date (a five fold increase over all of...more

2017 STATE OF THE STATES – List of Current Active and Proposed Intrastate Crowdfunding Exemptions (Updated)

by Freeborn & Peters LLP on

I don’t know about the rest of you out there but I have not yet found a website that accurately identifies each of the states that have currently enacted, or are in some stage of enacting, an intrastate crowdfunding...more

Blockchain Week in Review – August 2017 #6

by Perkins Coie on

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of...more

The Guide to Social Media and the Securities Laws

The growing use of social media has created challenges for federal securities regulators, who must enforce antifraud rules that were written at a time when the prevailing technology was the newspaper. This Guide...more

Securities Rules for Private Equity Financings

by Hinshaw & Culbertson LLP on

In order to sell securities (notes, common stock, preferred stock, membership interests in an LLC), a company must either register the sale under federal and state securities laws or find an exemption from such registration...more

MassDevelopment’s “Commonwealth Places” Program Contributes to Successful Project in Downtown Ashland

by Bowditch & Dewey on

Last month, a new public space named “The Corner Spot” opened in downtown Ashland, Massachusetts, to considerable fanfare. Lauded as a “downtown destination“, the Corner Spot is essentially a community gathering space that...more

15 Creative Ways Large Real Estate & Infrastructure Developers Raise Millions Outside of Traditional Debt and Equity (Part I)

by Slim Ventures LLC on

There is an expression that land development is a wealthy man’s game. Indeed, in our recent meeting with a very seasoned developer (over 30,000 lots before the Recession, now, licking his wounds, down to only 900), he...more

What Startups Need to Know About the Revised Reg D

Startups need funding, and most startups want to raise money with as little legal red tape as possible. But when a startup takes investment money, it is issuing securities, and federal securities laws generally require a...more

Using “Finders” to Find Capital: Avoiding Problems for Your Company

by Varnum LLP on

Raising money for your startup can be hard. Not every entrepreneur can walk into Silicon Valley with a business idea and walk out with multiple VC term sheets in hand. Sometimes the only path to financing your startup is...more

SEC Warns That ICOs and Other Internet Token Sales May Be Securities Offerings Subject to Federal Securities Laws

by Dorsey & Whitney LLP on

On Tuesday, July 25, as many practitioners probably expected, the SEC issued a warning that offers and sales of digital assets (virtual coins or tokens) by organizations using blockchain or distributed ledger technology...more

Raising Capital from Individual Investors Using Regulation A+

by Varnum LLP on

Raising capital is essential to startups, and a new option to fundraising allows you to raise money from individual investors through the Securities and Exchange Commission's (SEC) Regulation A+. We'll explore the different...more

SEC Extends Key JOBS Act Benefit for All IPOs and Recently Public Companies

by Fenwick & West LLP on

On June 29, 2017 the U.S. Securities and Exchange Commission announced that it would permit all companies registering for an initial public offering to take advantage of the confidential review process that was previously...more

California Lags Behind The SEC In Permitting Testing Of The Waters In Regulation A Offerings

by Allen Matkins on

In 2015, the Securities and Exchange Commission adopted amendments to Regulation A and other rules and forms to implement Section 401 of the Jumpstart Our Business Startups (JOBS) Act. One significant enhancement to...more

The Fair-Haired Dumbbell Regulation A+ Offering

by Tonkon Torp LLP on

On the corner of NE MLK and Burnside in Portland, the new Fair-Haired Dumbbell building is nearly complete. The building has garnered attention for its unique architectural design and painting plans. But more important for...more

Italian Small and Medium-Sized Enterprises to Tap Into Equity Crowdfunding

by K&L Gates LLP on

On June 15, 2017, the Italian Senate approved the conversion into law of Law Decree No. 50, dated April 24, 2017, whereby small and medium-sized enterprises (“SMEs”) are given recourse to equity crowdfunding that was...more

Good Choice: Important Capital Formation Reforms in Financial CHOICE Act of 2017 Passed by House

by Farrell Fritz, P.C. on

On June 8, 2017, the House of Representatives passed the Financial CHOICE Act of 2017 on a vote of 233-186. Congress loves acronyms, and here “CHOICE” stands for Creating Hope and Opportunity for Investors, Consumers and...more

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Cybersecurity

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