Tagged: amy wan

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

Developing: Supreme Court will not Review Second Circuit Decision on Madden vs. Midland

The ongoing saga of Madden vs. Midland just took another twist as the US Supreme Court has decided not to review the Second Circuit court decision on usury laws.  This is according to a report in Law360 today.  The decision was described as a “blow… Read More

Progress Report: Data From 30 days of Title III Equity Crowdfunding

We’ve hit the one month mark since Title III became effective on May 16, 2016, and are just starting to see the first data points of this new industry. Here are some juicy statistics: In the first 30 days of the filing’s becoming effective, 40… Read More

Solicitor General’s Office Slaps Down Second Circuit Madden Holding as Erroneous

After being invited to file a brief to the Supreme Court, the Solicitor General’s Office filed a brief this past Tuesday, May 24, 2016 and weighed in on the Madden v. Midland Funding, LLC case. Or rather, by weighing in I mean they blatantly shot… Read More

OTC Event Invites Reflections of Reg A+, So Far

  We’re still trying to figure it out. That seemed to be the theme of the crowdfunding panel at OTC’s event yesterday morning in Santa Monica. BeautyKind CEO John Hilburn Davis, which began raising money earlier this year under a Reg A+ acknowledged road bumps…. Read More

Title III Crowdfunding Became Legal on May 16: What It Does & What’s Still Lacking

  Monday, May 16, 2016 is the first day that ordinary people—not just the super rich—will be able to invest in the next Uber or Snapchat. That’s because Title III of the JOBS Act, otherwise known as Regulation Crowdfunding or Reg CF, legalizes retail investment… Read More

Crowdfunding Platforms Must Be Conscientious In Disclosing Borrower Credit Information

  In translating the JOBS Act into final regulations, the SEC sought to protect investors in myriads ways: limiting certain opportunities to accredited investors, implementing caps on the annual amount certain investors may invest, and requiring certain disclosures, among other things. Understandably, the bulk of… Read More

Borrowers Beware: Fraudsters Claiming to Represent Crowdfunding Platforms

  Recently, JD Alois wrote a warning to investors about fraudsters attempting to impersonate officials from the Securities and Exchange Commission. This week, we’re warning borrowers and sponsors about scam artists that claim to work for or with crowdfunding platforms. Fraud in the lending or real… Read More

Imitation is Flattery: Reg A+ Innovations in eREITs & Beyond

The RECF (real estate crowdfunding) community has been keenly interested in finding creative ways to use the new Regulation A+ that came into effect earlier last year. However, not all filings have been successful or made much business sense. Last year, I wrote about Groundfloor’s… Read More

Industry Moves to Adopt Patch of Land’s Best-in-Class Secured Debt Investment Structure

Earlier this summer, Patch of Land announced the release of its long-anticipated secured debt investment structure, effective for all its offerings in the past and into the future. Although the new structure took Patch of Land over a year of extensive research and consultation to… Read More

An Analysis of the First Approved Real Estate Crowdfunding Regulation A+ Filing

  Since the SEC announced the intent to implement the new Regulation A+ rules in March, there’s been a lot of hype around the potential for Regulation A+. This newly implemented offering mechanism has been heralded for its ability to bring increased opportunities to the… Read More

Patch of Land Secures All Future Loans with Underlaying Collateral Setting New Industry Benchmark

Patch of Land, a  real estate crowdfunding solution has announced all existing and future loans will be directly secured by underlying collateral that provides increased protection for its projects. Patch of Land revealed the steps in this direction earlier this summer in an article written… Read More

Patch Of Land Now Offers a Truly “Secured” Investment Structure

As you may remember, in an earlier post entitled “Investor Protection Issue – Why You May Want To Reconsider How “Secure” You Feel About Your Real Estate Crowdfunding Investment,” I took issue with the fact that the majority, if not all, currently offered Real Estate… Read More

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