Tagged: david burton

April 10, 2023 @ 4:13 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) has scheduled an open meeting for April 14, 2023, to consider reopening the comment period of the proposed changes. The SEC proposed amendments to Rule 3b-16 under the Exchange Act Regarding the Definition of “Exchange,” which could potentially impact… Read More

November 18, 2022 @ 11:51 am By JD Alois  |  

The Securities and Exchange Commission’s regulatory agenda during the current leadership has changed little since it was first revealed in 2021. One item that has been near the top of the list is Reg D “improvements,” including an update to the Accredited Investor definition. Regulation… Read More

September 11, 2022 @ 6:35 pm By JD Alois  |  

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

August 1, 2022 @ 12:35 pm By JD Alois  |  

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

July 17, 2022 @ 3:00 pm By JD Alois  |  

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

June 23, 2022 @ 9:38 pm By JD Alois  |  

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

June 17, 2022 @ 2:38 pm By JD Alois  |  

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

June 9, 2022 @ 11:43 am By JD Alois  |  

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

May 16, 2022 @ 7:30 am By David R. Burton  |  

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

May 1, 2022 @ 4:27 pm By JD Alois  |  

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

April 26, 2022 @ 8:08 pm By JD Alois  |  

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

April 11, 2022 @ 4:47 pm By JD Alois  |  

  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

April 6, 2022 @ 5:48 pm By JD Alois  |  

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

June 25, 2021 @ 12:16 pm By JD Alois  |  

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

April 23, 2021 @ 4:02 pm By JD Alois  |  

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

April 11, 2021 @ 3:36 pm By JD Alois  |  

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

November 3, 2020 @ 3:26 pm By JD Alois  |  

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

October 7, 2020 @ 2:40 pm By JD Alois  |  

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

September 30, 2020 @ 8:04 pm By JD Alois  |  

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

August 25, 2020 @ 5:28 pm By JD Alois  |  

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