Tagged: amy wan

Investment Crowdfunding: Is a SAFE Safer than the SEC Thinks?

Not too long ago the SEC came out with an Investor Bulletin, emanating from the Office of Investor Education and Advocacy, regarding the utilization of SAFEs as an investment vehicle on crowdfunding platforms. The SEC stated; “Some issuers have been offering a new type of… Read More

NextGen Crowdfunding Schedules Title III, Reg CF Anniversary Show

NextGen Crowdfunding, a platform that helps people explore new types of crowdfunding, has announced a webinar special celebrating the one year anniversary since Title III regulations took effect in May 2016. The webinar will take place today (May 16, 2017) at 1PM PT / 4PM ET…. Read More

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

A Peek Into My Crowdfunding Portfolio

Victoria Silchenko called out crowdfunding industry professionals earlier this year for not having invested in crowdfunding companies themselves. So, in that same spirit, I’m opening up my crowdfunding portfolio. Before I disclose, I’m going to say that I am NOT a financial advisor or any… Read More

How to Start a Real Estate Crowdfunding Platform

So, you want to start a real estate crowdfunding (RECF) platform. This article is intended to serve as a basic guide to launching a real estate crowdfunding platform in the United States. Decide on what you want to do There are many different types of… Read More

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