Politics, Legal & Regulation

January 26, 2016 @ 8:30 am By JD Alois  |  

HM Treasury has selected Andrew Bailey as the new Chief Executive of the Financial Conduct Authority (FCA).  Bailey replaces interim CEO Tracey McDermott who publicly revealed her decision not to seek a permanent assignment at the FCA in early January.  McDermott took over the helm… Read More

January 25, 2016 @ 4:14 pm By JD Alois  |  

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

January 24, 2016 @ 10:57 pm By JD Alois  |  

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

January 23, 2016 @ 11:28 am By JD Alois  |  

The Financial Conduct Authority (FCA) has published a consultation paper to address the rules regarding client money requirements for “loan based crowdfunding platforms” including peer-to-peer & marketplace lending. According to the FCA, presently an investors money held in relation to peer to peer loans must… Read More

January 22, 2016 @ 2:51 pm By JD Alois  |  

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

January 21, 2016 @ 7:42 am By JD Alois  |  

The Investor Advisory Committee is scheduled to convene today at the SEC headquarters in Washington, DC.  The agenda in the afternoon (on the schedule for 2PM) includes an update on crowdfunding rules. The presentation on investment crowdfunding includes the participation of two well known industry… Read More

January 20, 2016 @ 10:34 pm By JD Alois  |  

While the Obama Administration appointed two new SEC commissioners this past fall, not too much has happened to move forward on the nominations.  Senate Banking Committee Chairman Richard Shelby has come under some recent criticism for moving slowly in the approval process as the SEC… Read More

January 20, 2016 @ 8:00 am By Anthony Zeoli  |  

  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

January 18, 2016 @ 12:23 pm By JD Alois  |  

The National Federation of Self-Employed & Small Businesses (FSB) has released a report that indicates a “growing gap in confidence” between businesses in the North and those in the Midlands and the South. The FSB states businesses in the North risk being left behind. This… Read More

January 18, 2016 @ 11:12 am By JD Alois  |  

A bill has been weaving its way through the Congressional process and it is one that is due in large part to Crowdfund Insider Senior Contributor Sam Guzik.  HR 3784 was introduced into the House Financial Services Committee in October of last year. It received… Read More

January 15, 2016 @ 1:03 pm By JD Alois  |  

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

January 14, 2016 @ 4:37 pm By Georgia Quinn  |  

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

January 13, 2016 @ 4:38 pm By JD Alois  |  

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

January 12, 2016 @ 9:30 am By Benjamin Twoon & Justin Chow  |  

Southeast Asia (SEA) represents a burgeoning regional economy comprising of 11 countries with a consolidated GDP of US$2.57 trillion (that’s approximately 15% the size of the US economy), and a combined population of 620 million people. It’s no wonder that there’s a buzz around the… Read More

January 11, 2016 @ 6:00 am By Kiran Lingam  |  

  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

January 8, 2016 @ 5:06 pm By JD Alois  |  

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

January 8, 2016 @ 1:12 pm By JD Alois  |  

Unless winter happens to show up in our nation’s capital, the SEC’s Investor Advisory Committee is scheduled to meet at the Commission’s headquarters on January 21st. These meetings are open to the public but the SEC typically live-streams the proceedings so anyone may watch the… Read More

January 8, 2016 @ 9:37 am By JD Alois  |  

If you are looking for a power point presentation on the equity crowdfunding rules under Title III of the JOBS Act here it is. The actual document is hundreds of pages long but this deck does a great job of distilling what you can, and… Read More

January 7, 2016 @ 8:41 am By JD Alois  |  

The Financial Conduct Authority (FCA) has released a statement that acting Chief Executive Tracey McDermott withdrew from the process to become permanent leader of the agency in December. McDermott will continue in her position until Treasury appoints a replacement. The former FCA CEO Martin Wheatley… Read More

January 6, 2016 @ 11:33 am By JD Alois  |  

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