News & Analysis as of

Crowdfunding: What is it and Where is it Going?

On May 7, 2014, a group of four experts (Frank Williams, Four Bridges Capital; Gene Wright, Georgia Crowdfunding Association; Phil Shmerling, InCrowd Capital; and Zan Nicolli, Dickinson Wright) gathered via conference call...more

No Billboards, Please

Companies intending to seek funding under the JOBS Act’s crowdfunding provision gained a seeming advantage in September when the SEC removed its ban on the general solicitation or advertising of certain types of private...more

What Do Intrastate Crowdfunding and Peep Shows Have in Common?

As a corporate lawyer, I hate subjective standards. Give me a yes or no answer, a bright-line test, a set of rules to follow—anything to help me advise my client on how to get the deal done with as little risk as possible....more

CAMAC's Report on Equity Crowdfunding

Does it Pave the Way to Bridge the Capital Gap for Start-Ups and Small Scale Enterprises in Australia? The Corporations and Markets Advisory Committee (CAMAC) released its report on crowd sourced equity funding (CSEF)...more

Crowdfunding in Texas – When?

The Texas intrastate crowdfunding rules were adopted in April and the Texas Securities Board will consider comments to the rules through the end of June (even though the official deadline for comments is June 8th). The...more

Recent Developments for Intrastate Crowdfunding and Social Media Use

In June 2013, the N.C. House of Representatives approved HB 680, the Jumpstart Our Business Startups Act (NC JOBS Act) by an overwhelming bipartisan vote of 103-1. Designed to utilize the “intrastate offering” exemption found...more

Committee Passes JOBS Act Related Bills

The House Financial Services Committee passed several bills designed to promote capital formation, including: HR 4200, the Small Business Investment Companies (SBICs) Advisers Relief Act, introduced by Rep. Blaine...more

eMerge Americas Techweek: Final Thoughts

The eMerge Techweek Conference’s last day, like every day before it, was filled with interesting discussions led by the tech world’s movers and shakers....more

Startups seeking crowdfunding: Avoiding patent pitfalls

Many startup companies want to change the world with their great new ideas – but, in an effort to raise funds, some jeopardize their ability to protect those great new ideas with patents. This doesn’t have to happen. With a...more

Recommendations of the SEC’s Investment Advisory Committee Regarding Crowdfunding Rules

On April 10, 2014, the Investor Advisory Committee (the “IAC”) of the Securities and Exchange Commission (the “SEC”) held a meeting during which it recommended that the SEC adopt crowdfunding rules that are both consistent...more

Should Your Start-Up Use Crowdfunding?

Before you jump head-first into crowdfunding, it is important to determine whether your start-up business is ready to tackle a crowdfund campaign to reach your funding goal. Below are a few considerations....more

SEC Releases Proposed Rule Amendments to Regulation A

On December 18, 2013, the Securities and Exchange Commission released its proposed rule amendments to Regulation A, which were required by Section 401 of the JOBS Act. Among the changes, the proposed rules create two tiers of...more

SEC Proposes Rules To Amend Regulation A

On December 18, 2013, the Securities and Exchange Commission (the “SEC”) released proposed rules to amend Regulation A to provide for the offering of up to $50 million in securities. Regulation A is a quasi-public offering...more

The plus side of Reg A

To date, the Jumpstart Our Business Startups Act (the JOBS Act) is best known for legalizing securities crowdfunding (better called ‘crowd investing’), lifting the ban on the mass marketing of private offerings, and fostering...more

Legislation Allows Michigan Companies To Raise Capital, Avoid Federal Crowdfunding Rules

Effective December 30, 2013, Michigan Gov. Rick Snyder enacted into law Public Act 264 of 2013 (the "Act"). Among other things, the Act establishes a crowdfunding method of raising capital in Michigan. "Crowdfunding" refers...more

Crowdfunding And Taxes In Kickstarter: Everybody Wants Their Share

The Crowdfunding movement has moved from an internet e-commerce buzz word to an actual viable way for everyone from the smallest of artists to high profile actors to get funding for a project that otherwise wouldn’t happen. ...more

What Startup Entrepreneurs Need to Know About Crowdfunding Before They Raise Money

What's the one thing entrepreneurs and small business owners need to know about crowdfunding before they raise money? For a JD Supra Perspective, that’s the question we put to experts writing on this matter. Here’s what we...more

SEC Proposes Regulation A+ For Small Businesses

With all eyes focused on the lifting on the ban on solicitation and the new proposed equity crowd funding rules, one major rulemaking proposal mandated under the JOBS Act did not get the attention it deserves: the new small...more

Joining the Crowd - Investing profitably in equity crowdfunding

Crowdfunding is a word you’ve heard a lot since the passage of the JOBS Act in 2012. But what is crowdfunding, and, more importantly, how you can use it to invest profitably? What Is Crowdfunding? - Crowdfunding...more

Year In Review: Crowdfunding Round Up for 2013

It is the afternoon of New Year’s Eve as I am writing my last post for 2013. Crowdfunding seems a logical choice. 2013 put crowdfunding on the map, among filmmakers, inventors, samaritans, start-ups, the crowd at large....more

The High Five for Startups: expert business and legal insights to help college students form and finance businesses

Today, we released the Founders Workbench High Five for Startups. The checklist provides essential tips to help college entrepreneurs navigate the legal and organizational challenges of starting and running a business....more

CRA Considers Tax Treatment Of Crowdfunding

Hot on the heels of the CRA’s recent publication of a “fact sheet” on its views on the tax treatment of Bitcoin currency (which has been in the news recently), the CRA has published two technical interpretations on the tax...more

Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement...more

Crowdfunding Gets an Equity Boost: BB&K's James Harper Examines What the Proposed Rules by The U.S. Securities and Exchange...

Crowdfunding, or crowd-sourced fundraising, allows small businesses and artists without access to traditional bank loans or wealthy private investors to raise money for projects through a large network of contributors who...more

Small Business Securities Bulletin: By Popular Demand - SEC Proposes Crowdfunding Rules

By way of background, pursuant to Section 5 of the Securities Act of 1933 (Securities Act) and state securities laws, any offer and sale of a security must be registered with the Securities and Exchange Commission (SEC) and...more

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