Tagged: legal

Elio Motors Faces $545,000 Fine, Charged by State of Louisiana for Operating without a License

  The heat is rising for Elio Motors  (OTCQX: ELIO) as the State of Louisiana has fined the aspiring vehicle company $545,000.  The Louisiana Motor Vehicle Commission has accused Elio Motors of operating as a manufacturer/dealer of recreational products without a license. On the bright… Read More

Brian Korn, Donna Wilson & Richard Gottlieb Will Now Lead Manatt’s Financial Services Group

Manatt, Phelps & Phillips, LLP, has announced new co-chairs of the firm’s financial services group. Three attorneys have been appointed to this leadership role including Brian Korn, Donna Wilson and Richard Gottlieb. The three attorneys are spread across the country with Gottlieb located at the firm’s… Read More

Doug Ellenoff: We Have Concerns about ICOs But Want to Work With the Industry to Ensure a Successful Outcome

The Initial Coin Offering (ICO) space has been rocketing recently. It seems that every few days the next hot ICO is raising incredible sums of money from global investors. ICOs have plenty of supporters and detractors with most followers advising caution in this largely unregulated… Read More

Delaware Law Legalizing Blockchain Stocks Quietly Moving Forward

Earlier this month, the Delaware House of Representatives passed amendments to state law that would make it explicitly legal for stocks to be traded on a blockchain, the technology behind cryptocurrencies like Bitcoin and Ether. According to an article on Coindesk, the amendments relating to… Read More

How to Blow Your Regulation Crowdfunding Offering: Advertising and Promoters

Regulation Crowdfunding (Reg CF), which allows for true equity crowdfunding by small businesses and start-ups, has been in effect for over a year now. The amount of capital raised since Reg CF was launched last year has been steadily increasing as well as the number… Read More

Minimizing Potential Litigation & Regulatory Risks for Crowdfunding Platforms

Crowdfunding regulations were enacted with the goal of providing small businesses access to capital without imposing arduous registration and disclosure burdens.[i]  In that regard, the regulations have shown significant promise. Commentators have rightfully highlighted the substantial benefits to both issuers and investors based on their… Read More

Point of View: Regulating The Fintech Revolution

What was previously a relatively innocuous industry sector, the financial technology (or “Fintech”) industry has exploded over the past few years. With the litany of new Fintech startups and existing Fintech businesses, and even Fintech specific incubators and accelerators popping up, the Fintech revolution is… Read More

Is Your Crowdfunding Portal Ready For Your First FINRA Exam?

With the one year anniversary of Crowdfunding under Regulation Crowdfunding occurring on May 16th, business executives and compliance officers at registered Crowdfunding Portals (CFPs) should be actively preparing for their first regulatory examination by the Financial Industry Regulatory Authority (FINRA).   FINRA’s 2017 exam cycle… Read More

Commercial for YayYo Reg A+ Crowdfunding “IPO” Offer May Push Promotion Too Far

Earlier this month I was running CNBC in the background and a commercial came up that caused me to pause. On the screen was a besuited old white male pitching the next great investment. Coming off a bit like a used-car salesman, I learned later… Read More

How To Blow Your Reg D Offering: General Solicitation

Welcome to Part 1 of a series discussing the various ways an issuer can easily screw up their offering. In this part, we’ll be talking about general solicitation as it applies to Regulation D (Reg D) offerings. For those that are unaware, Reg D is, for… Read More

The Fix Crowdfunding Portion of the Financial Choice Act is Not Much of a Fix

The Financial Choice Act is a valiant effort to address the profound shortcomings of the Dodd-Frank law. Dodd-Frank has been lambasted as regulatory overreach driven by politicians that really don’t quite understand what they are doing. At worst, Dodd-Frank has institutionalized too big to fail…. Read More

Why Elio Motors Makes Me Sad

  I want to be clear: I am not an investor in Elio Motors (OTCQX: ELIO). I did not participate in any manner with their offering under the new and improved Regulation A (also called Reg A+), and I did not promote it. I will… Read More

SEC Proposes Changes to Investment Adviser Act for Small Business Investment Company Advisers

On May 3, 2017, the SEC released its proposed amendments to the Investment Advisers Act (the Advisers Act) to reflect changes made under the Fixing America’s Surface Transportation Act (the FAST Act). The FAST Act, which was passed in 2015, amended sections 203(l) and 203(m) of… Read More

Failure to File Ongoing Reports Could Lead to ‘Permanent Put’ on Reg CF Issuers

Speaking on a panel at the 4th Annual CrowdfundingUSA Conference today, Sarah Hanks, CEO and Founder of CrowdCheck Inc., talked about some of the compliance issues facing Regulation CF issuers. Issuers Are Not Filing Annual Reports One of the biggest issues discussed was the ongoing reporting… Read More

Regtech Reducing Compliance Costs for Early Adopters in Financial Markets

Last week, TABB Group released a report entitled “Financial Markets: Embracing RegTech” which focused on the growing issue of increasing regulatory compliance facing financial institutions today. TABB Group is an international research and consulting firm focused on capital markets. Problem: Increasing Regulations Post-2008 The global financial… Read More

German Crowdfunding Association Urges Regulator Not to Exclude Real Estate from Crowdfunding Regulation

Since the beginning of this year, the German government has undertaken a review of the crowdinvesting regulation introduced in July 2015. It has now officially released its conclusions and is proposing several changes to the existing law, including a most controversial exclusion of real estate… Read More

Crooked Crowdfunders: Prominent Crowdfunding Marketing Firm “Funded Today” Gets Fleeced But Fights Back & Wins

First Successful Arbitration Settlement Against a Crowdfunding Scofflaw Prominent crowdfunding marketing firm Funded Today is perhaps the most successful agency in their space today. Having helped to direct more than 300 perk-based crowdfunding campaigns to financial success, Funded Today has now been instrumental in raising… Read More

Rule 506, Reg D: Two Ways to Conform with SEC Exemption Law

According to the Securities Act of 1933, any company that sells securities must either register with the Securities and Exchange Commission (SEC) or file for an exemption. The JOBS Act 2012 provides a way for companies to use crowdfunding as a means of selling securities,… Read More

Law Firm Perkins Coie Boosts Fintech Practice with New Hires

Perkins Coie LLP, a legal firm with offices in the United States and Asia, has boosted their Fintech horsepower with the addition of Jacob S. Farber and Frederick B. Fedynyshyn as senior counsel in its Technology Transactions & Privacy practice. Perkins Coie considers itself legal experts… Read More

SEC Releases New Compliance & Disclosure Interpretations On Regulation Crowdfunding

Yesterday, the SEC’s Division of Corporate Finance released two new Compliance & Disclosure Interpretations (C&DIs) answering questions related to Regulation Crowdfunding (Reg CF). CD&Is are the Commission’s way of giving some informal guidance, through a question and answer format, on how its staff members interpret certain rules. They… Read More