Politics, Legal & Regulation

Policy and regulations impacting innovations in Finance.

Andreessen Horowitz, Cowen & Company, State Position on Regulation A

In a comment letter posted to the Securities and Exchange Commission (SEC) web site addressing proposed rule amendments for Regulation A under Title IV of the JOBS Act, Andreessen Horowitz and Cowen and Company clarified their position and support for the proposed changes. Andreessen Horowitz,… Read More

Ohio Securities Commission v. SoMoLend: Is the (Blue) Sky About to Fall?

On February 19, 2014, in a missive to the SEC, signed by 18 state securities administrators,  under the letterhead of the North American Securities Administrators Association (“NASAA”), the message was clear: “[we] write to voice our objection to the Commission’s attempt to preempt state authority… Read More

Spain Weighing Crowdfunding Regulations Amidst Criticism

The Spanish Government and Minister of Economy and Competitiveness Luis de Guindos are weighing regulations that would limit both overall project size and individual contribution size for crowdfunding-related campaigns in Spain. A draft bill would limit deal size to €1 million. Contributions for individuals would be capped… Read More

Michigan Reps Introduce Bill To Create Stock Market For Intrastate Crowdfunding Shares

Photo courtesy Wikimedia Commons

Today The Detroit News has published a short editorial in support of Michigan HB 5273 (embedded, bottom of article), a bill that seeks to cement Michigan’s recently-passed intrastate crowdfunding exemption by creating secondary markets where crowdfunded shares can be traded. The bill’s primary sponsor is a… Read More

Crowdfunding Regulation Proposal in France

Recently the French government has been moving forward with “Financement Participatif” or crowdfunding by providing updated guidelines and regulations to advance the new form of capital formation for small companies.  France currently has 28 platforms active in their country (in comparison to the UK with… Read More

The Definition of “Accredited Investor” Must Be Updated

There has been a lot of uproar about new rules requiring additional steps to verify accredited investor status (i.e. checking tax returns) as a condition to using the new 506(c) rules permitting general solicitation. The real problem here is that the definition of accredited investor is out of… Read More

Crowdfunding Can Lessen the Wealth Gap. If Regulated Correctly.

Now that we have seen what real turbulence is with the financial crisis of 2008, fear and panic are drivers of economic behavior. Strengthening the financial markets for America’s small businesses and closing the wealth gap amongst the crowd is a must. Now is not… Read More

Equity-based crowdfunding: Will the US overtake the UK?

“Kickstarter is crowdfunding with training wheels.” For many, equity-based crowdfunding is the final stage of crowdfunding’s evolution. The United Kingdom was an early adopter of equity crowdfunding. Less than two months after President Barack Obama signed the JOBS Act in 2012, dubbed the “Crowdfunding Bill”,… Read More

Brief: Washington State To Hold Hearing On Crowdfunding Act Today

A hearing will take place this afternoon at 1:30 PST regarding ESHB 2023, which would implement a crowdfunding exemption in the State of Washington. As Joe Wallin and Michael “Luni” Libes point out, the exemption outlined under this legislation “would be substantially more accessible for… Read More

UPDATED – Administrative Hearing Begins For Candace Klein; Klein Lawyer: “The company’s out of business.”

The first day of Candace Klein’s highly-anticipated hearing is in the books. In what could be a watershed moment for crowdfunding in the State of Ohio, the Ohio Division of Securities is squaring off against Klein. The backdrop: a notice of intent to issue cease… Read More

Social Economy Europe Issues Position Paper on Crowdfunding

Social Economy Europe is a representative group for cooperatives, mutual societies, associations and foundations.  It is a European Union level institution for the social economy that aims to promote social and economic input of enterprises and organizations.  They also promote the role of and values… Read More

The JOBS Act & The Law of Unintended Consequences

Crowdfunding May Require JOBS Act 2.0. It started out as a noble idea. If only crowdfunding could go to the next level – from a paradigm where a multitude of individuals could join together – courtesy of the Internet – and fund a worthwhile social… Read More

NASAA Posts Letter Objecting to Preemption of State Authority

The North American Securities Administrators Association (NASAA) has posted a comment letter regarding proposed rule amendments regarding Regulation A+ on the Securities and Exchange Commission’s web site.  The NASAA is self described as an investor protection association with their members consisting of securities administrators from… Read More

Could “The Lobby” Bring Crowdfunding To US Lobbying Efforts?

Lobbyists. Love them or hate them, they have a strong voice in the political narrative here in the United States, and sometimes the goals of a lobby do not align with the goals of the American people. According to the polls, that is precisely what… Read More

Crowdfunding and Canadian Capital Markets

The Rotman School of Management, at the University of Toronto, put on an event last month in Toronto on crowdfunding entitled “An Evolution in the Canadian Capital Markets.  The presentation also incorporating a group of panelists including; Ajay Agrawal, Peter Munk Professor of Entrepreneurship &… Read More

European Crowdfunding Network Issues Call for Academic Papers

The Scientific Work Group, part of the European Crowdfunding Network (ECN), promotes research into crowdfunding and related aspects in order to foster academic discussion to aid professional and political decision making. The group also acts as an editorial board to peer-reviewed publications by the European… Read More

SEC Investor Committee Meeting Webcast

On January 31, 2014, the Securities and Exchange Commission held a meeting of the Investor Advisory Committee.  Several of the commissioners participated in the gathering. A portion of the event, towards the end of the agenda, focused on crowdfunding. The recorded webcast with the portion… Read More

SEC to Webcast Cyber Security Roundtable in March

The Securities and Exchange Commission (SEC) has announced that it will host a public roundtable in March to discuss cyber security and the issues and challenges it raises for market participants and public companies, and how they are addressing those concerns. The roundtable will be… Read More

Fleur Pellerin Presents Reforms for French Crowdfunding Industry

French politician Fleur Pellerin, who is the minister delegate with responsibility for SME’s, innovation and digital economy, has stated the new reforms for crowdfunding will allow the nascent industry to thrive. Speaking at the Ministry of Finance, Pellerin reviewed the new regulations regarding crowdfunding or… Read More

Elizabeth Murphy to Become Associate Director, Division of Corporate Finance of SEC

The Securities and Exchange Commission (SEC) has announced that Elizabeth Murphy has been named an associate director in its Division of Corporation Finance. For the past five years, Ms. Murphy has served as the Secretary of the Commission, heading the office that prepares, reviews, and… Read More

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