Samuel Guzik

The JOBS Act Turns Five, Regulation A+ Turns Two, Regulation Crowdfunding Turns One: What Should Be Next on the SEC Chair Jay Clayton’s Agenda

With the Jumpstart Our Business Startups (JOBS) Act having just reached its five year milestone, Regulation Crowdfunding hitting its one year milestone, and the two year anniversary of Regulation A(+) fast approaching, I thought this would be a good time to (briefly) reflect on the… Read More

Why I am “High” on the Prospects for SME’s in 2017

The beginning of a new year is typically accompanied by renewed hope and positive expectations. 2017 is no exception.  As a staunch advocate of promoting the interests of small business generally, and smart regulation of capital formation, in particular, 2017 stands out to me as… Read More

Unstacking the Deck Against SME’s in Washington: A Call for an SEC Small Business Advocate

With a new administration set to take the reins of power in the White House in January 2017, not to mention a new, Republican appointed Chair of the SEC in the offing, when it comes to the interests of small business’s access to capital, many… Read More

SEC Adopts Modernized Intrastate “Crowdfunding” Rules:  A Time to Yawn?

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… Read More

On Investment Crowdfunding, Diversification & the Wisdom of the Crowd

Still Time to Fix the Fix Crowdfunding Act One of the cardinal rules of investing is  diversification – a critical ingredient for long-term portfolio growth.  This rule applies with equal, if not greater, force when investing in “Title III Regulation CF Crowdfunding” securities – open… Read More

SEC Quietly Injects Life Into Title III Crowdfunding Solicitation!

  When it comes to capital formation for SME’s through federal legislation, one can usually count on the North American Securities Administrators Association (NASAA) to do their best to block or narrow any new paths which Congress or the SEC may seek to create.  The… Read More

MEMO TO CONGRESS: Title III Crowdfunding Needs a Fixin’ – NOW!

  It’s been more than four (very long) years since the Jumpstart Our Business Startups Act (the JOBS Act) made its debut, with much fanfare, in the White House Rose Garden. And on May 16, 2016, the official date of the emancipation of investment crowdfunding… Read More

Busted for Crowdfunding? It’s Rehab Time on Capitol Hill This Week!

  In my last article on Crowdfund Insider, entitled: “JOBS Act Crowdfunding Begins on May 16, 2016: Don’t Get Busted for Solicitation!,” I warned of one of the hidden dangers for companies embarking on a Title III equity crowdfunding campaign – which goes live on… Read More

JOBS Act Crowdfunding Begins on May 16, 2016: Don’t Get Busted for Solicitation!

  It’s been five months or so since the SEC published its long awaited investment crowdfunding rules.  Though Congress dictated that this task be completed by the end of 2012, the SEC missed the mark by nearly three years.  Now, with rules in hand, and… Read More

House of Representatives to SEC: Time to Lift Our Entrepreneurs Off the Floor!

For those of you who have followed my articles on Crowdfund Insider over the past two years, you know that I have not been shy about voicing my concerns over the foot dragging that too often has often characterized the attitude of the Securities and… Read More

Small Business in Washington, DC: Could Santa be Coming to Town this Year?

  December 2, 2015, seemed no different than any other day in Washington, D.C. With a light rain falling, it was a rather dismal day for sightseeing in our Nation’s Capitol – yet the sun seemed to be shining for our small and emerging businesses… Read More

Final Title III SEC Crowdfunding Rules – Done (almost)!!! Next Act: The Missing Title VIII (a/k/a H.R. 3784)

I will not be discouraged by failure; I will not be elated by success.” Joseph B. Lightfoot The bigger than life headline yesterday? The long-awaited news that the SEC’s five Commissioners would be convening this coming Friday to vote on, and presumably approve final Title III… Read More

Exit: SEC’s Dan Gallagher – Enter: The Crowdfunders!

  Are Final JOBS Act Crowdfunding Rules Truly Upon Us? It’s been too long since I graced the pages of Crowdfund Insider with one of my many missives – or as some at the SEC might say: missiles.  Well, since Regulation A+ went live in… Read More

SEC Staff Provides Early Guidance on Use of Regulation A+

  On June 23, 2015, the Staff of the Securities and Exchange Commission provided some public guidance on certain issues arising under the new Regulation A+ Final Rules. In a new section of the SEC’s Compliance and Disclosure and Interpretations (C&DI’s),  a Q and A… Read More

Regulation A+ Day 1: A Look Past the Mainstream Media Headlines

And Regulation A+’s Forgotten Crowdfunding Cousin Quietly Comes to Life in Congress Some History Lessons Though some may quibble over the details, June 19, 2015, was an historic day in U.S. regulatory history, at least as far as raising capital for small businesses is concerned… Read More

The State of Massachusetts vs. Regulation A+: State Regulators Take the SEC to Court

On the eve of the 2015 Memorial Day weekend, Massachusetts Secretary of State William Galvin set the stage for what I expect will be the final chapter in the continuing saga of what has popularly been referred to as Regulation A+,  a newly created avenue… Read More

SEC Commissioner Daniel M. Gallagher Speaks to the Crowdfunding Ecosystem – It’s Time to Listen and Act

Having just read SEC Commissioner Daniel M. Gallagher’s remarks at Vanderbilt Law School last Friday,  he may not be the only champion of smart regulation for small business capital formation.  But he is surely one of the most visible and important voices in this area. … Read More

JOBS Act State of the Union: What’s Become of Regulation A+ and Crowdfunding?

To borrow a line from SEC Commissioner Daniel M. Gallagher, quoting from the fight song of his alma mata, Georgetown University:  Oh How Long It’s Been! As we approach the three year anniversary of the signing into law of the JOBS Act of 2012 it… Read More

The JOBS Act, Crowdfinance & Building Social Consensus: Are Investors Unnecessarily at Risk?

Is the JOBS Act Title II ecosystem being built around the art of the “con” by some Internet funding platforms and companies raising money on these platforms?  The answer seems to be yes, judging by investment advice provided by Morningstar, FINRA, psychologists, and business world… Read More

The CNBC Crowdfinance 50 Index: When an Investor “Commitment” is Just a Kiss 

  In July 2013 the SEC implemented Title II of the JOBS Act of 2012 through Rule 506(c) of Regulation D, which for the first time in over 80 years allowed companies to engage in general solicitation of investors in an unregistered private placement so… Read More