Tagged: david burton

Part of the JOBS Act Gets Updated as Reg CF and Emerging Growth Company Sees Inflation Adjustments

The JOBS Act of 2012, the legislation that also legalized online capital formation, included multiple regulatory updates. One, Title 1, has been a notable success as it has helped a growing number of smaller firms to go public. Title III created Regulation Crowdfunding or Reg… Read More

SEC Small Business Capital Formation Advisory Committee Tells Commission Climate Disclosure May Deter Firms from Going Public

Earlier this year, the Securities and Exchange Commission (SEC), Small Business Capital Formation Advisory Committee (SBCFAC), held a meeting to discuss proposed rules on climate risk disclosure. The meeting addressed potential rule changes initiated by the SEC and championed by SEC Chairman Gary Gensler. When… Read More

AOIP Sends Letter to Congress in Support of JOBS Act 4.0

The Association of Online Investment Platforms (AOIP) has forwarded a letter to members of Congress in support of the JOBS Act 4.0 legislation. In the spring of 2022, Republicans on the Senate Banking Committee submitted draft legislation on the 10th Anniversary of the JOBS Act… Read More

What Are Opponents Saying About the SECs Push to Demand Climate Risk Disclosures?

The Securities and Exchange Commission (SEC) has proposed ESG rules that may compel public firms to disclose climate risks that may impact the environment. The rule proposal was accepting comments from interested parties up until this past week with a deadline of June 17th. While everyone… Read More

House Republicans Tell SEC to Rescind Proposed Climate Reporting Requirements as it Exceeds the Commission’s Authority

House Republicans have sent a letter to the Chairman of the SEC Gary Gensler telling him to halt his pursuit of proposed climate disclosure rules as over-stepping the statutory responsibilities of the Commission. In the letter, signed by 129 Republicans led by the top Republican… Read More

CEI Comments on JOBS Act 4.0: “we encourage bipartisan support of the legislation”

The Competitive Enterprise Institute (CEI), a free market-focused think tank that supports innovation in financial services, has posted a comment letter forward to Senator Patrick Toomey, ranking member of the Senate Banking Committee and advocate of the JOBS Act 4.0. Earlier this year on the… Read More

JOBS Act 4.0: Improving the Regulatory Environment for Entrepreneurial Capital Formation

Passed with large bipartisan majorities and signed into law by President Obama, the 2012 JOBS Act was a bipartisan achievement of consequence. The JOBS Act substantially improved the laws governing entrepreneurial capital formation and has had a measurable positive impact on entrepreneurial capital formation. But… Read More

Securities and Finance Experts Worry that SEC’s ESG Requirements will Drive Shareholder Returns Lower, Push Prices Higher and Have a Negative Impact on Labor

The Securities and Exchange Commission is currently pursuing new rules under the auspices of ESG: Environmental, Social, and Governance. In March of 2022, SEC Chairman Gary Gensler explained they were aiming to require disclosure for firms on issues such as climate impact. He explained: “The… Read More

The Definition of “Exchange” and Regulation ATS: Comments on the Proposed Rule Change by SEC and the Impact to Digital Asset Markets

As was noted last week, this past January the Securities and Exchange Commission (SEC) proposed amendments to the Exchange Act and the definition of an Exchange as well as Regulation ATS (Alternative Trading System). While described in relatively benign terms, the language of the proposed… Read More

JOBS Act 4.0: What Are Some of the Recommendations to Boost Entrepreneurship, Access to Capital?

  Last week, on the anniversary of the JOBS Act of 2012, Republican members of the Senate Banking Committee pitched a new legislative initiative to support entrepreneurship, access to capital, and helping retail investors. The JOBS Act of 2012 legalized online capital formation. The JOBS… Read More

Senate Banking Committee: Republicans Propose JOBS Act 4.0 to Boost Entrepreneurship, Access to Capital, Help Retail Investors

The Republicans on the Senate Banking Committee have submitted draft legislation on the 10th Anniversary of the JOBS Act, called JOBS Act 4.0. The JOBS Act of 2012 was the law that created online capital formation or investment crowdfunding. Three exemptions were legalized that enabled… Read More

Securities Expert Concerned that SEC Agenda Could Hobble Capital Formation for Early Stage Firms

Earlier this month, the Securities and Exchange Commission (SEC) shared its regulatory agenda for the next couple of years. The list is quite long and includes many areas of the securities industry. At the top of the list, was the exempt offering ecosystem with the… Read More

Policy Proposal to Boost Economic Growth Includes Online Capital Formation, Digital Assets and More

US Capitol Hill Washington DC

Earlier this year, Senator Pat Toomey, the ranking member of the Senate Banking Committee, issued a call for policy proposals that could boost economic growth. Key policy moves designed to generate more jobs and improve prosperity are always needed – even more so on the… Read More

Expert Slams FinCEN Proposed Rules on Virtual Currency and Other Digital Assets as a Mistake and Lose-Lose

Several months ago, FinCEN submitted for publication in the Federal Register its Notice of Proposed Rulemaking (NPRM) regarding certain transactions that involve virtual currency or digital assets. FinCEN or the Financial Crimes Enforcement Network is a bureau of the US Department of the Treasury that… Read More

On Deck: SEC Small Business Capital Formation Advisory Committee to Tackle Finders Next

The Securities and Exchange Commission (SEC) Small Business Capital Formation Advisory Committee has scheduled a meeting for next week that will include the important topic of “Finders.” Finders are individuals or firms that help to match investors to smaller businesses. On October 7, the SEC… Read More

SEC Proposes Exemption for Finders as it Seeks to Assist Small Businesses in Need of Capital

A Longstanding Grey Area Today at an open meeting, the Securities and Exchange Commission (SEC) proposed an update to rules pertaining to “Finders” –  individuals or firms that help smaller businesses find investors. The potential change will subject these individuals or firms to reduced regulation… Read More

SEC Schedules Open Meeting on Finders

The Securities and Exchange Commission has scheduled an open meeting on the topic of “finders.” The Commission will consider a conditional exemption from broker registration requirements for individuals to engage in “certain limited activities” on behalf of securities issuers. To quote the Commission: “The Commission… Read More

Who is Against Expanding the Definition of an Accredited Investor?

It should be obvious to most everyone that the current definition of an Accredited Investor not only disenfranchises the vast majority of the population it is not really an effective proxy to evaluate an individual’s ability to assess risk and the opportunity affiliated with private… Read More

SEC Office of the Advocate for Small Business Capital Formation Issues First Report Reviewing Access to Funding for SMEs

The Securities and Exchange Commission (SEC), Office of the Advocate for Small Business Capital Formation, has published its inaugural report on the ability for small businesses in the US to access growth capital. The Advocate is a newly-formed sector of the SEC created by legislation… Read More

SEC’s Concept Release Comment Period Closes. So What Say You on Regulatory Harmonization & Access to Capital?

The Securities and Exchange Commission (SEC) officially closed comments on its concept release regarding regulatory harmonization of securities offerings exemptions on September 24, 2019. But as in past cases, comments have continued to trickle in and we would not be surprised if more follow. That… Read More

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