Tagged: regulations

Slow Moving: Australian Investment Crowdfunding Rules Plod Along

Australia Money

  In Australia, the process to update the regulatory environment to facilitate equity crowdfunding has been a long journey. Back in 2014,  proposed rules by the Corporations and Markets Advisory Committee (CAMAC) were criticized by one industry leader as “totally unworkable”. No need to say more. At… Read More

Real Estate Crowdfunding Calls French Crowdfunding Regulation Into Question

Paris France

Real estate crowdfunding started late in 2014 in France. But, hardly a year later, it is going strong with 26 platforms vying for a share of the market. However, as crowdfunding moves from real estate development to buy-to-let projects, new platforms are encountering some resistance… Read More

Crowdfunding Portals Prepare for Title III Retail Crowdfunding

Gates Open for Title III

Last week both the SEC and FINRA finalized the rules for funding portals to offer securities under Title III of the JOBS Act of 2012.  The journey to get to this place has been long and at times challenging as regulators and industry participants debated… Read More

SEC Files Notice of Amendment & Accelerated Approval for Reg CF Funding Portal Rules (Document)

SEC Securities and Exchange Commission Green

The Securities and Exchange Commission submitted a filing last Friday regarding FINRA’s regulatory role pertaining to investment crowdfunding portals operating under Title III of the JOBS Act.  According to the SEC, FINRA just responded (January 21st) to several comment letters and the Commission is now… Read More

Does the SEC Want to Create a Regulatory Approach for Cross Border Equity Crowdfunding Offers?

Keith Higgins

Keith Higgins, Director the Division of Corporate Finance of the SEC, travelled to the UK last week to keynote a speech at the Fifteenth Annual Institute of Securities Regulation in Europe.  The speech, entitled; “International Developments -Past, Present & Future, launched into the premise of… Read More

Thai Securities & Exchange Commission Seeks Comments on Proposed Crowdfunding Rules

Thai SEC

The Thai Securities and Exchange Commission has proposed rules for investment crowdfunding including the supervision of the investment portals. The SEC states that the proposed rules aim to establish a standard framework for operating crowdfunding portals. The supervised areas include measures and implementation against conflicts… Read More

CFIRA Responds to SEC On Proposed Regulatory Changes.

Rules Regulations

  As you may be aware, the Securities and Exchange Commission (SEC) is currently considering sweeping changes to some of the most long-standing rules and regulations governing private transactions. These changes include fundamental revisions of both Rule 501, the definition of “accredited investor” and arguably… Read More

Regulations Galore Part II: Peer to Peer Lending in China

China Flag

The China Banking Regulatory Commission (“CBRC”) issued the highly anticipated draft rules for online lending on December 28, 2015. Ever since the State Council guidelines (“the Guidelines”) for the Chinese internet finance industry were issued in July, rumors about the timing of the online lending… Read More

CFIRA Reminds SEC the Time is Now to Update Definition of an Accredited Investor

Entry Enter Go

There is a mandate under Dodd-Frank to review the definition of an “Accredited Investor” on a rolling basis.  As it stands today, Accredited Investors are individuals with incomes over $200,000 per year or $1 million in assets beyond a person’s primary residence. If you are… Read More

Potential Pitfalls of Regulation CF – Part II: Practical Concerns for Funding Portals

Look Out for Traps Charlie DeTar

As discussed in part one, the SEC’s final Regulation Crowdfunding rules require thorough analysis to not fall prey to potential traps. While I firmly believe that we can make crowdfunding work regardless of the roadblocks set forth, it does not mean that we can afford… Read More

HMRC Explains Income Tax on Interest Earned from P2P Loans

One Pound UK £

Her Majesty’s Revenue and Customs (HMRC) department, the agency responsible for the collection of taxes, has published its current “position” on the requirement to deduct income tax on interest paid on peer to peer loans. According to HMRC, under existing tax rules in Chapter 3… Read More

SEC Adopts New Rules that Revise Financial Reporting for Smaller Firms as Mandated by the FAST Act

SEC Securities and Exchange Commission

The Securities and Exchange Commission (SEC) has adopted “interim final rules” as mandated by the Fixing America’s Surface Transportation or FAST Act that was passed by Congress in December.  These new rules revise financial reporting for emerging growth companies (EGCs) and smaller reporting companies.  EGCs… Read More

The Top 10 Crowdfunding Legal Developments of 2015

2016 Launch Rocket

  2015 could go down as the most active year for regulatory reform in the private securities market since 1940.   After a long delay since passage of the JOBS Act in 2012, we saw an unprecedented flurry of regulatory activity in 2015. Without further… Read More

Reserve Bank of India is Actively Studying Peer to Peer Lending

R Gandhi

Like the rest of the world, India is moving forward with new forms of finance. Last month, the Securities and Exchange Board of India stated it would reveal crowdfunding norms “soon”.  Now at a conference taking place in Mumbai, R. Gandhi, deputy governor of the Reserve Bank of… Read More

Potential Pitfalls of Regulation CF – Part I: Practical Concerns for an Issuer

mouse trap danger

  When SEC Commissioner Piwowar lodged his controversial “NO” vote for the final rules implementing Title III Regulation CF last October, he did so with concern that the overcomplicated rules were laden with “traps” that could snare an unassuming company trying to raise funds. Unfortunately,… Read More

Dallas Fed on Community Banks: “Too Small to Succeed”, Crushed by Excessive Regulations

Cost of Excessive Regulations

Yep. The Federal Reserve agrees. Small community banks have been crushed by excessive regulations. In the past, these localized financial institutions have been the foundation of economic growth for SMEs.  But misguided laws from  myopic politicians driven by the battle cry of “too big to… Read More

Is Global Financial Regulation Putting a Stop to SME Growth in the UK?

Looking for Growth UK

  It’s long been known that small businesses are one of the cornerstones of a healthy economy, and in the UK, SMEs account for a staggering 99.8% of incorporated companies. Without getting into a discussion on that classification (if 99.8% are small- and medium-sized, what… Read More