Tagged: david burton

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

What Does Control of the House by Democrats Mean for Fintech Innovation & Small Business in General?

Washington DC Capitol At Night Red Light

Yesterday, mid-term elections took place in the US and while the Republicans maintained control of the Senate, the House of Representatives moved over to the Democrats. This split government means that an already divisive, and at times excessively acrimonious, political environment will get even more… Read More

Paper: Two Bills in Congress May Fix the Profoundly Flawed Definition of Accredited Investor, but One Bill is Better

The current definition of an accredited investor is profoundly flawed and a travesty of rule making. Everyone knows it. As it stands today, an accredited investors must earn at least $200,000 (jointly $300,000) or have a net worth of $1 million beyond a primary residence…. Read More

Finders Bill: Legislation in Congress May Help Small Firms Raise Capital and this Paper Explains Why

Small businesses in the US, and just about every other country, are the life blood of the economy where they operate. This is a fact. Providing access to capital to smaller firms is thus a vital need to drive economic growth, create jobs, and enable… Read More

Congressional Hearing Entitled “The Future of Money: Digital Currency” Updates on Witnesses

The Subcommittee on Monetary Policy and Trade, part of the House Financial Services Committee, has updated the information on the forthcoming hearing entitled “The Future of Money: Digital Currency.” The Hearing, which will be live streamed on the Committee web site, will include the following… Read More

FINRA Approved Reg CF Crowdfunding Portals: 38 and Counting

Last time we checked in back at the end of December, there were 36 FINRA approved Regulation Crowdfunding (Reg CF) portals in operation. Today, that number has increased to 38 as two more entrants have entered the Reg CF space. As for portals that have… Read More

Heritage: Congress Must Remove Anti-Competitive Barriers to Cryptocurrency

Here is an interesting write up that should make cryptocurrency advocates happy. The Heritage Foundation, a leading policy think tank in Washington, DC, published a report at the end last year telling Congress and other public authorities they need to back off of Bitcoin and… Read More

Is FINRA Broken? Does FINRA Need to be Fixed?

The Financial Industry Regulatory Authority or FINRA is currently in the midst of a comprehensive review of its rules and practices. The internal project has been labeled FINRA 360 and is said to ensure that FINRA is operating as the most effective self-regulatory organization it can be…. Read More

Return of Congress: Two Congressional Hearings to Watch Next Week

Congress returns next week hopefully reinvigorated and ready to reduce regulation and pass meaningful tax reform following some time off. Congress has not accomplished too much this year, much like many past years, but hope springs eternal and after a bumpy start of the year… Read More

Commissioner Piwowar Shares Insight into Securities Rulemaking, Fintech & SEC Direction on Capital Formation

Commissioner Michael Piwowar, who was Acting Chair of the Securities and Exchange Commission (SEC) until the successful appointment of Jay Clayton, visited with David Burton of the Heritage Foundation earlier this week providing a unique glimpse into the world of the SEC. Burton, who is… Read More

Time for Reform: FINRA Posts Special Notice Requesting Comments on How to Best Further its Mission

The Financial Industry Regulatory Authority or FINRA is seeking feedback on how to best execute on its mission to regulate members who operate in the securities industry. FINRA has come under criticism in recent years as losing touch with its membership and negating its “Self-Regulatory Organization”… Read More

Absolutely Vital: Improving Entrepreneurs Access to Capital

Entrepreneurship and the creation of small business is vital to the economic growth of the country and the welfare of the nation. This is a simple, indisputable fact. Yet too frequently, small business and entrepreneurs get pushed to the side as policymakers and regulators focus… Read More

FINRA Unravelled: Is the Securities Regulator in Need of Profound Reform?

FINRA, or the “Financial Industry Regulatory Authority”, is one of the most powerful financial regulators in the United States. It is also a private corporation that performs its duties as a “self-regulatory organization” (SRO). FINRA oversees the thousands of broker-dealers and other financial industry participants… Read More

Needed Policy Reforms to Improve Entrepreneurs’ Access to Capital

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Capital formation and entrepreneurship improve economic growth, productivity and real wages. Existing securities laws impede entrepreneurial capital formation. To promote prosperity, Congress and a reconstituted Securities and Exchange Commission need to systematically reduce or eliminate state and federal regulatory barriers hindering entrepreneurs’ access to capital…. Read More

House of Representatives Passes Several Bills to Boost SMEs. Now Off to the Senate

The House of Representatives passed four bills this week designed to help smaller businesses access the capital they need to expand, hire and grow the economy.  Small businesses are the economic engine of the country. Small businesses provide 55% of all jobs and 66% of all… Read More

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