The NLCFA Welcomes the SEC’s Approval of Title III: Equity Crowdfunding

31 Oct 2015 | Author: | No comments yet »

5 things you need to know about crowdfunding investing.

New York: A new kind of crowdfunding will give the average American a chance to invest in small companies and start-ups. San Francisco: The US Securities and Exchange Commission passed rules on Friday to allow smaller companies to sell securities through crowdfunding platforms while giving investors greater protections.If you’ve ever backed a project or business on crowdfunding sites Kickstarter or Indiegogo, you probably came away with some swag, a movie ticket or a discount on a soon-to-be-released product. Crowdfunding — the best-known example of which is probably the popular American website Kickstarter — is a model of alternative financing that has developed enormously in recent years. The rules could be a boon for entrepreneurs looking to raise capital and a potential windfall — or loss — for investors hoping to be among the first to get a piece of the next Uber or Instagram.

Private companies were previously allowed to solicit only accredited investors – those with a net worth of at least $1 million, excluding the value of their homes, or annual income of more than $200,000. While the new rule gives individual investors more access to promising young companies — traditionally a playground for venture capitalists and wealthy investors — critics said it also exposes less sophisticated investors to greater risks with few protections. “People don’t understand that they can’t just invest like Mark Cuban on ‘Shark Tank,’ ” Matt Milner, co-founder of crowdfunding research company Crowdability, told The Post. The rules, which will take effect in about six months, allow private companies to raise up to $1 million a year from small-time investors without most of the reporting and auditing required of larger firms or companies raising more money.

However, only four companies, including Equity Eats and MassVenture, have filed as intermediaries for small businesses to run a crowdfunding campaign. Engine Crowdfunding, a Santa Monica firm that connects companies with private investors, said he expects thousands, even tens of thousands, of start-ups to try to raise money this way. $1 million is great for a lot of start-ups. I could see where there’s a company who comes on our platform, raises $1 million, and the next thing you know Facebook buys them for $1 billion.” That’s possible, but not the likeliest outcome. Since the crowdfunding rules were originally proposed in October 2013, the SEC has tightened limitations on how much investors can invest in these start-up companies.

But the North American Securities Administrators Association urges caution to those thinking about giving their money to a startup. • Wait: The rules won’t go into effect until sometime next year, and the exact date is not known. Some critics warn that’s a recipe for trouble despite SEC vows to police the new marketplaces. “You can embezzle someone’s money in the guise of making a securities offering,” said Mercer Bullard, a law professor at the University of Mississippi. The offerings can be made only through brokerage firms or new Internet funding portals that must be registered with the SEC, a requirement aimed at protecting investors. The SEC also made changes to the audit provisions of the crowdfunding rule, allowing some companies raising money through crowdfunding for the first time to provide reviewed rather than audited financial statements. “I fear that many traps for the unwary are hidden in the regulations, creating potential nightmares for small business owners that fail to place regulatory compliance at the top of their business plans.

No one can invest more than $100,000 over 12 months — not even Warren Buffett, although Buffett is an accredited investor, so he can invest much more in a company outside of crowdfunding. Some 50 percent of small businesses fail within their first five years. • Research: The SEC is requiring the small companies that are crowdfunding to provide financial statements. Marks’ StartEngine Crowdfunding plans to register as a portal, as does Playa del Rey’s Crowdfunder, another platform that connects investors with start-ups. SEC Chairwoman Mary Jo White said before the vote that agency staff members “will begin immediately to keep a watchful eye on how this market develops.” They will assess what kinds of companies use the new crowdfunding offerings, how closely they follow the rules and whether the new practice promotes the raising of capital while also protecting investors. The commission said that its staff would continue to study whether crowdfunding investor protections are robust enough as well as the impact of the new regulations on capital formation.

Check who they are and their track record with past businesses. • Investments may be long-term: Know that you may be stuck with an investment for a long time. Instead of being allowed to invest 10 percent, or $30,000, the retiree is now limited to $3,000. “I think it’s great,” Schwartz said. “Entrepreneurs could always use investment. And on the investor’s side, with the caps to protect people, I think there is every reason in the world to let people take the chance on what could be the next Facebook.” Instead, donors who gave less than $15 got “a sincere ‘thank you’ from the Oculus team,” while donors willing to fork over $275 got an unassembled prototype of the company’s Rift headset.

JOBS Act rules already in effect have rolled back restrictions prohibiting companies from publicly soliciting funds from wealthy investors without the use of a broker. A separate report Friday from the Labor Department showed that wages and salaries rose 0.6 percent in the third quarter and were up 2.1 percent from the corresponding period last year. ● ederal regulators are proposing that the eight biggest U.S. banks build new cushions against losses that would shift the burden from taxpayers to investors. Under the Federal Reserve’s proposal put forward Friday, the mega-banks would have to bulk up their capacity to absorb financial shocks by issuing equity or long-term debt equal to prescribed portions of total bank assets. Yellen, voted 5 to 0 at a public meeting to propose the “loss-absorbing capacity” requirements for the banks, which include JPMorgan Chase, Citigroup and Bank of America. ● Uber Technologies is making a retreat in Germany to the cities of Berlin and Munich as it grapples with a ban from using unlicensed cab drivers.

Uber will for now suspend its ride-hailing services in Hamburg, Frankfurt and Düesseldorf, it said in a statement Friday, citing a difficult regulatory environment. The company in Germany has since limited itself to drivers who hold a passenger transport license through its UberX and UberBlack smartphone apps, but it has run into a shortage of suppliers of ride services. ● The Philadelphia Inquirer and its tabloid partner, the Philadelphia Daily News, will merge newsrooms but continue to put out two separate newspapers, leading to an unknown number of job cuts, the owner announced Friday. The SEC was given some discretion in the 2012 law, known as the JOBS Act, in the information to be demanded from companies and limits imposed on investments. Egger, in his first staff meeting since coming on board weeks ago, told employees the move to a single newsroom is designed to save Philadelphia Media Network $5 million to $6 million.

Republican Commissioner Michael Piwowar voted against the crowdfunding initiative because he said the new rules were too strict and will discourage many companies from participating. Waiting at the starting gate for the final rules to take effect: legions of startups in areas such as packaged food, medical and biotechnology, restaurants and real estate. Investors may be on their own to pursue private lawsuits against companies when things go awry, and it may be difficult or impossible to resell the securities.

Here you can write a commentary on the recording "The NLCFA Welcomes the SEC’s Approval of Title III: Equity Crowdfunding".

* Required fields
Twitter-news
Our partners
Follow us
Contact us
Our contacts

About this site