Tagged: legal

Gust Launch Starts with a Bang! Global Startup Ecosystem Adds Services to Help Entrepreneurs Launch New Companies

Gust Launch is a relatively new addition to the Gust portfolio of services for startups. Gust Launch is described as; “one platform to easily incorporate, start, and run your company like a seasoned entrepreneur—designed by experienced startup founders, investors, and lawyers to help you from… 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

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

What to Watch For in Marketplace Lending During 2017

Predicting what will transpire in the coming year is always challenging, particularly in relatively nascent and growing industries such as marketplace lending. While surprises are undoubtedly in store for 2017, indications are that certain trends—the growth of bank partnerships and industry consolidation—will continue and accelerate… Read More

Raising Funds Online via Crowdfunding from the General Public: Regulation A+ vs. Regulation Crowdfunding

  The JOBS Act, which was signed into law in April 2012, led to the adoption of three exemptions from the registration requirements of securities offerings in the U.S. All three allow raising capital via crowdfunding. The first to go effective (September 2013) was Reg… Read More

Why I am “High” on the Prospects for SME’s in 2017

The beginning of a new year is typically accompanied by renewed hope and positive expectations. 2017 is no exception.  As a staunch advocate of promoting the interests of small business generally, and smart regulation of capital formation, in particular, 2017 stands out to me as… Read More

Five Key Take-Aways from FINRA’s Expulsion of Crowdfunding Portal UFP

FINRA recently completed a settlement expelling from FINRA membership UFP, LLC, a registered funding portal that operated under uFundingPortal.com.   The matter marks both early and decisive action by FINRA against a registered funding portal operating under Regulation Crowdfunding.  It establishes that FINRA takes seriously… Read More

Crowdfunding as part of France’s Effort to Relax its Banking Monopoly on Credit: Interview with Reid Feldman & Hubert de Vauplane of Kramer Levin

For Reid Feldman and Hubert de Vauplane of the Paris Office of Law Firm Kramer Levin, the latest revisions of the French crowdfunding regulation are part of a broader effort by the French authorities to relax the monopoly of French banks on credit and extend… Read More

Victory: Gust Wins Crowdfunding Patent Infringement Case Against AlphaCap Ventures

Two Year Patent Troll Case Ends in Triumph as Gust Refuses to Settle in “Giant Win” for Crowdfunding Industry. Gust, the “world’s largest community of entrepreneurs and early-stage investors”, has won a huge victory in court that impacts the entire crowdfunding industry. Today Gust announced the… 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

Doug Ellenoff & Richard Baumann of EGS Explain Unique Structure of Fig Reg A+ Crowdfunding Offer

Utilization of the updated securities exemption colloquially called Reg A+ continues to gain traction. A form of crowdfunding that has been described as a Mini-IPO type offering due to the scaled disclosure, reduced cost and the option to immediately trade shares, Reg A+ is an… Read More

Med-X Files Reg D as Reg A+ Offer Unrolls

Med-X – a medical Cannabis startup,  listed a Regulation A+ offer on StartEngine back in December of 2015. The securities offer was promoted as the “first ever” equity crowdfunding campaign for the Marijuana industry. Med-X registered $3.7 million in non-binding investor interest by February but… Read More

Innovate Finance, EY & Hogan Lovells Publish Report on Blockchain Opportunity

Innovate Finance, along with partners EY & Hogan Lovells, has published a report on Blockchain adoption.  Entitled Blockchain, DLT and the Capital Markets Journey: Navigating the Legal and Regulatory Landscape, the publication addresses distributed ledger technology (DLT) and the current regulatory environment.  The report also provides… Read More

State of the States: An Intrastate Crowdfunding Update

While I have kept both my statutory summary pages and comparative summaries relatively up to date, it has been quite a while since I have done an editorial update on Intrastate Crowdfunding. With the increased number of active Intrastate regulations, as well as the growing… Read More

Is the SAFE Not So Safe for Investment Crowdfunding?

Earlier this year, on May 16, 2016, the final portion of the JOBS Act became actionable. The much anticipated Title III provisions and Regulation Crowdfunding (Reg CF) went into effect, marking the official beginning of retail crowdfunding in the United States. While the industry is… Read More

Regulation A+ Offering: Hype or Reality?

Jobs creation and wages are in the spotlight again by voter demand this presidential election year and receiving attention from both Republican and Democratic parties. This begs the question whether an improved version of Regulation A under the JOBs Act of 2012 offers a practical… Read More

National Crowdfunding Association of Canada Criticizes Integrated Crowdfunding Exemption in Letter to Alberta Securities Commission

The National Crowdfunding Association of Canada (NCFA), has criticized Canada’s regulatory approach to crowdfunding in a public letter sent to the Alberta Securities Commission and Superintendent of Securities, Nunavut.  While the letter is addressed to the two entities it can be viewed as a proxy… 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

To Disclose or Not to Disclose, That is the Question

In connection with a private offering of securities the issuer will provide potential investors with some form of disclosure document. Regardless of what type of offering it is (e.g. Rule 506, Title III, Intrastate, or other private offering), the intent of this disclosure document is… Read More