Strategy

Caution: Online Funding Platforms Will Encounter More Regulatory Scrutiny in 2019

On January 22, 2019, the Financial Industry Regulatory Authority (FINRA) released its examination priorities for 2019.  At the top of the list was online funding platform compliance with the securities laws. With an uptick in the offer and sale of securities offerings online with Rule… Read More

Doug Ellenoff Comments on FINRA’s Priorities Letter & Intent to Target Online Securities Platforms, Points a Finger at ICOs

FINRA recently posted their annual Risk Monitoring and Examination Priorities Letter. As part of the letter, FINRA stated they would be evaluating how firms conduct suitability analyses as well as communications and AML requirements for both Reg D 506c and Reg A+ offerings. These two exemptions… Read More

US Government Shutdown Slams the Breaks on Reg A+ Issuers. Is there an Alternative to Fix the Logjam?

There has been a good amount of discussion about the impact of the government shutdown and the effect on government employees who are not being paid.  The shutdown is also undermining sectors of the economy that depend on furloughed public employees. One sector of finance that has… Read More

European Crowdfunding Network Launches ECN – Italian Strategic Group to Collaborate on Culture of Crowdfunding

The European Crowdfunding Network (ECN) has announced the creation of a new group entitled the ECN-Italian Strategic Group (ECN-ISG). The ECN is the leading pan-European voice for investment crowdfunding. The objective of the ECN-ISG Working Group is to foster a more robust culture of crowdfunding in… Read More

ICOs 2.0: Security Tokens Set to Take Centre Stage

Make way for the next generation of blockchain crowdfunding Alongside the rise of Bitcoin and other cryptocurrencies, Initial Coin Offerings (ICOs) saw explosive growth in 2017, with more than 1,500 ICOs raising a combined total of over $28 billion in the last two years alone…. Read More

Security Token Offerings: A Cautionary Tale of Reg D Offerings

In 2012 the Jumpstart Our Business Startups (JOBS) Act was signed into law by President Barack Obama. It required the SEC to write rules and issue studies on capital formation, disclosure, and registration requirements. There were three main areas that the investment community took notice… Read More

Investment Crowdfunding Platform MicroVentures Eliminates All Fees for Reg CF Issuers, Expects Growing Utilization of Online Capital Formation in 2019

MicroVentures, an equity crowdfunding platform, has just announced the elimination of all fees associated with issuers using Regulation Crowdfunding (Reg CF). MicroVentures says “gone are the days of high commissions and equity compensation for funding portals.” A quick visit to their site and you may… Read More

Why Have Offshore Financial Centres Become the Home of ICOs?

Initial Coin Offerings (ICOs) are booming in offshore financial centres. In 2017, only a small minority of cryptocurrency transactions were taking place offshore but just a year later, according to a study by PriceWaterhouseCoopers and CryptoValley, the Cayman Islands, British Virgin Islands (BVI) and Singapore… Read More

The Hot Air Revolution? McKinsey Consultancy Says Blockchain Struggling to Mature

Management consultancy McKinsey & Company have published an elegant analysis of enterprise blockchain called “Blockchain’s Occam,” stating: “A key to finding the value is to apply the technology only when it is the simplest solution available.” Blockchain has been touted as a revolutionary technology capable… Read More

Opening the Floodgates: What is Holding Back the Crowdfunding Tsunami?

Equity crowdfunding platforms have democratized the way that individuals and organizations raise and invest capital, by lowering the previously high barrier to entry for investment. And, ever since these platforms emerged, expectations have been high about the effects that this new utilitarian form of investment… Read More

OTC Markets Responds to Reg A+ Securities Trading Questions, Comments on New SEC Rule that Allows Listed Firms to Raise Capital Under the Exemption

This week, CI reported about a problem for Regulation A issuers (or Reg A+ as it is called). Speaking with Mark Elenowitz, a Wall Street veteran and CEO of Tripoint Global and Bank, he explained a nagging problem for issuers using the security exemption who… Read More

Peak Hype or Next Wave? KPMG Talks Corporate Blockchain Usage as Momentum Builds

Blockchain or distributed ledger technology (DLT) has been a red-hot topic in the financial services industry the past few years. The one-two punch of Bitcoin excitement and the Ethereum fueled revelation of smart contracts and decentralization, caused many to label blockchain internet 3.0. But is… Read More

Mark Elenowitz: Reg A+ Issuers that Want to Trade on OTC Markets Have a Problem

Today, Reg A+ received a big boost from the Securities and Exchange Commission (SEC) as they announced that reporting firms will soon be able to use the security exemption. Old Regulation A was an exemption that just about no one used – ever. It took… Read More

Stablecoin TrueUSD Tops $200 Million in Market Cap & Over $1 Billion in Monthly Trading while Focusing on Compliance: “Tokenizing Assets is the Next Big Wave”

Stablecoins are currently a hot sector of crypto. Tied to an asset like fiat currency like the US dollar, or a commodity, these digital currencies are designed not to fluctuate dramatically in a crypto world with endemic volatility. A recent report indicated that more than… Read More

A Potential Pathway Forward for U.S. Initial Coin Offerings

This summer, with little fanfare, the North American Securities Administrators Association (NASAA) announced some interesting and, in our view, directionally enlightened ideas on potential changes to state securities laws as they relate to secondary market trading. If you aren’t familiar with NASAA, it is a… Read More

What the SEC’s ICO Crackdown Means For You

Recently, the Securities and Exchange Commission (SEC) has been actively pursuing all players in the initial coin offering (ICO) space, including companies that have raised money with ICOs, an exchange, people promoting ICOs, and most recently, an ICO investment fund. The SEC’s recent actions are… Read More

Crypto Pump-and-Dump Groups Creating $7 Million a Month in Fake Volume

Security researchers from the Imperial College of London say cryptocurrency pump-and-dump schemes are creating at least $7 million a month in fake volume, money presumably scalped from crypto traders not in the loop, Technology Review reports. On November 14th, for example, researchers Jiahua Xu and Benjamin… Read More

Crowdcube to Offer New Support Program with Thrive for Fintech, Includes Legal & Accounting Plus Some VC Money

Crowdcube, the UK’s largest investment crowdfunding platform, has announced a new service, “Thrive for Fintech.” Crowdcube explains that Thrive is a “series of support programmes for companies raising on Crowdcube, where [they] partner with leading VCs, and top-tier law and accounting firms to help companies… Read More

Initial Coin Offerings: I Have to File a Form 10? Great! What’s a Form 10?

Those who have read the SEC settlements with AirFox (CarrierEQ.Inc.) and Paragon Coin, Inc. published on November 16, 2018, will note that the defendant ICO issuers agreed, among other things, to register their “coins” under the Exchange Act (the Securities Exchange Act of 1934) by filing… Read More

SAFEs 2.0: YCombinator Updates the Form

In late 2013, seed accelerator YCombinator introduced the SAFE (simple agreement for future equity) – a convertible instrument designed to make seed stage investing quicker and less expensive. The SAFEs quickly became a popular structure for seed investing.  Early this fall, YCombinator introduced several changes… Read More

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