Tagged: amy wan

Congressman Patrick McHenry on Financial Inclusion through Technology

On Monday, March 6, 2017, Congressman Patrick McHenry gave keynote remarks at the Lendit Conference in New York City. Among the themes of his speech, McHenry talked about the need for financial inclusion, citing a statistic that counties with less than 100,000 in population saw… Read More

Questions You Must Ask Before Investing in a Crowdfunded Security

Investment crowdfunding is very different from rewards-based crowdfunding. Participating in a project on Kickstarter or Indiegogo is more akin to a donation where you may (or may not) receive some sort of perk for your financial support. In investment crowdfunding, you are giving your money… Read More

Why Your Initial Coin Offering Is Probably Regulated By Securities Law

It seems that at least once a week nowadays, I get a call asking whether an initial coin offering (ICO) is regulated at all, and the question came to a head at a recent Legal Hackers LA discussion on smart contracts by Daniel Rice. The… Read More

One Simple Thing Reg CF Issuers Can Do To Raise More Money Crowdfunding

Since Reg CF became effective, I’ve noticed a disturbing pattern in Reg CF deals—their valuations and economic terms are oftentimes unjustified. Unlike a normal angel or VC investment, which includes back and forth negotiations on terms with a lead investor, Reg CF issuers largely set… Read More

FINRA Action on uFundingportal: Potential for Fraud Found on Crowdfunding Platform

uFundingPortal (UFP, LLC), disappeared from the ranks of approved Reg CF crowdfunding platforms in early November. Before their removal, a multitude of crowdfunding industry insiders questioned the operation and the investment offers posted on the site. The posted investments lacked transparency while proposing valuations and… Read More

So You Want to Equity Crowdfund: A No-B.S. Guide to Crowdfunding Your Business

Crowdfunding campaigns tend to look like sexy, overnight successes, but rarely are the successful ones so effortless. What I’m about to say sounds dumb—so dumb that I’m reluctant to have to even say it—but a lot of folks contact me thinking that crowdfunding is easy,… Read More

Why Donald Trump Won the Presidential Election: What It Means & What We Need to Do

Many people feel deeply hurt from the outcome of the Presidential election. Here’s a kinder, simpler explanation as to why. This week, we saw a completely unexpected outcome in the Presidential election between Donald Trump and Hillary Clinton. As the punditry and chattering classes scramble… Read More

When It Comes to Retail Crowdfunding, SAFEty First

A Reply on the Use of SAFEs in Crowdfunding On September 22nd, Crowdfund Insider published a post summarizing the arguments presented in our new essay entitled “Crowdfunding and the Not-So-Safe SAFE“ (forthcoming in Virginia Law Review Online). Our essay raises a number of concerns about… Read More

There are Now 17 Registered Reg CF Platforms. Can they be Sustained?

Reg CF investment crowdfunding (Title III of the JOBS Act) has only been actionable since May of this year. At the end of May, there were 10 FINRA/SEC approved Regulation CF platforms with only a handful listing live investment opportunities. The approved platforms at the… Read More

When You Use a Bomb to Swat a Fly: A Response to the Proposal of Banning SAFEs in Crowdfunding

This article is a response to the draft paper referenced in the article entitled “Crowdfunding and the Not-So-Safe SAFE” authored by Joseph M. Green and John F. Coyle. There are many so words to describe my thoughts about the paper: patronizing, impractical, misguided—but mostly, unfortunate. One… Read More

Finovate Celebrates 10th Anniversary Show in NYC

FinovateFall celebrated its 10th anniversary this last week with a two-day show on September 8-9, 2016 in New York City. The show featured demos from 72 companies presenting a diverse range of Fintech startups. In total, Finovate’s 30 events over 10 years have seen more… Read More

Hacking the Law (Crowdfunding Edition): Concurrent Offerings Part 1

First off, don’t panic. We’re not talking about hacking into computer networks or anything. Legal hacking, or hacking the law, doesn’t involve anything surreptitious. From an organization standpoint, Legal Hackers is an organization originating from Brooklyn Law School and now a global movement with over… Read More

Why “Special Purpose Entities” Are So Special 

As securities attorneys, we’ve been getting a fair amount of questions lately on special purposes entities (SPEs), also known as special purpose vehicles (SPVs). What are they? What do they do? Should I choose an SPE over an LLC? (That last one is my favorite)…. Read More

Is Reg A+ Crowdfunding Right for Your Business?

I read an article in WIRED the other day about the LaFerrari, the world’s most coveted supercar, and one particular sentence stuck out. As writer Jordan Golson plainly stated, “When it comes to this car, you don’t choose Ferrari. Ferrari chooses you.” Well, ladies and… Read More

Using Reg A+, eREITs Have Now Raised Over $70 Million on Fundrise

In December of 2015 Fundrise, a trailblazer in the real estate crowdfunding sector, made a dramatic strategic shift. The platform decided to leverage Title IV of the JOBS Act, otherwise known as Reg A+, to create a fund of diversified real estate assets they labeled… Read More

Regulation Crowdfunding Investor Commitments Surpasses $5M in Under Three Months

Within its first three months, Regulation Crowdfunding investor commitments for campaigns that have met their minimum funding goals have surpassed $5 million, as reported by NextGen Crowdfunding. Regulation Crowdfunding, also known as Title III or Reg CF for short, enables companies to raise up to… Read More

Syndication is the What, Crowdfunding is the How

Syndication and crowdfunding are terms that have been used interchangeably within the last decade, and their concepts and meaning have become increasingly blurred. However, whereas syndication focuses on funding relationships and structure between the funder and funded, crowdfunding is a method of finding investors (or… Read More

Progress Report: Looking at Regulation A+ One Year Later

Regulation A+, which revamped the old Regulation A, became effective on June 19, 2015—just over a year ago. Here’s what we’ve seen during the past year of utilization: Statistics: Approximately 105 publicly-filed Regulation A+ filings to date, with approximately 44 of those filings qualified by… Read More

Smoked: Reg CF Doesn’t Work for Marijuana Industry Entrepreneurs

The budding Marijuana industry has attracted a legion of “ganjapreneurs” seeking the chance to cash in on the US movement to legalize and legitimize Cannabis. ArcView Group, a “hub for investment, data and progress” estimates the industry will drive around $7 billion in revenue during 2016…. Read More