Tagged: legal

July 14, 2016 @ 2:12 pm By Thomas Howard  |  

The Financial Conduct Authority (FCA) will look to ensure that consumers are sufficiently protected against the risks inherent in crowdfunding while supporting innovation in the growing market in a forthcoming review of its regulation of the industry. Crowdfunding rules were introduced by the FCA in… Read More

July 10, 2016 @ 9:25 am By JD Alois  |  

The budding Marijuana industry has attracted a legion of “ganjapreneurs” seeking the chance to cash in on the US movement to legalize and legitimize Cannabis. ArcView Group, a “hub for investment, data and progress” estimates the industry will drive around $7 billion in revenue during 2016…. Read More

June 27, 2016 @ 11:36 am By JD Alois  |  

The ongoing saga of Madden vs. Midland just took another twist as the US Supreme Court has decided not to review the Second Circuit court decision on usury laws.  This is according to a report in Law360 today.  The decision was described as a “blow… Read More

June 6, 2016 @ 11:58 am By Robin Sosnow  |  

    Exploring the emerging role of SAFEs or Simple Agreement for Future Equity in Reg CF offerings.   Examining SAFEs pros and cons to founders and financiers investing in seed stage companies. You’ve started a new business, established your team, and you’ve self-funded all… Read More

May 26, 2016 @ 12:30 pm By Amy Wan  |  

After being invited to file a brief to the Supreme Court, the Solicitor General’s Office filed a brief this past Tuesday, May 24, 2016 and weighed in on the Madden v. Midland Funding, LLC case. Or rather, by weighing in I mean they blatantly shot… Read More

May 25, 2016 @ 4:35 pm By JD Alois  |  

“Should the Commission consider doing away with the notion of a so-called “accredited investor” altogether?” The above question is posed not by this digital publication but by a sitting SEC Commissioner, Michael S. Piwowar. The Commissioner was speaking at the recent gathering of the Advisory… Read More

May 25, 2016 @ 12:23 pm By Anthony Zeoli  |  

With the Federal Title III rules effective, there is certainly a lot of excitement surrounding national level “retail” crowdfunding to non-accredited investors. That’s obviously great news for the industry, but it’s important to remember that the majority of the states currently have some form of “intrastate”… Read More

May 16, 2016 @ 8:36 am By Georgia Quinn  |  

Overview of the regulatory framework Although the Jumpstart Our Business Startups or JOBS Act was passed in April of 2012, the rules implementing Title III of that Act relating to retail investment crowdfunding have been a long time coming. They were finally promulgated on October… Read More

May 6, 2016 @ 10:09 am By JD Alois  |  

Rating’s agency Moody’s has published a report that is critical of the marketplace lending sector. Pointing to the class action lawsuit filed in a US District Court against Lending Club (NYSE:LC) on April 6th, Moody’s states that owners of Asset-Backed Loans (ABS) face legal challenges… Read More

April 22, 2016 @ 7:23 am By JD Alois  |  

The Consumer Financial Protection Bureau (CFPB) filed suit in federal court against co-founders who allegedly sold consumer loan applications without appropriate safeguards.  The loans were said to be sold containing sensitive personal data without assessing the sources of the leads nor the purchasers they sold… Read More

April 18, 2016 @ 11:12 pm By Robin Sosnow  |  

Exploring the dynamics of equity crowdfunding and provoking thought about what crowdfunding means to you.  Crowdfunding has always existed, and will continue to exist, as long as there are people and scarcity of resources. People have pooled and transferred resources for the benefit of another,… Read More

April 9, 2016 @ 11:35 am By JD Alois  |  

Title III crowdfunding will join the other two variants of investment crowdfunding, Title II and Title IV (Reg A+) this coming May to create a more vibrant capital ladder for companies seeking to raise capital using the internet. While no exemption is perfect, both accredited… Read More

April 5, 2016 @ 11:35 am By Jodi Avergun and Colleen Kukowski  |  

  “Silicon Valley is coming.  There are hundreds of startups with a lot of brains and money working on various alternatives to traditional banking.” This warning came not from a pundit or Silicon Valley lobbyist, but from Jamie Dimon, the Chairman and Chief Executive Officer… Read More

April 4, 2016 @ 10:33 am By Anthony Zeoli  |  

A new Bill (H.R. 4831) was recently introduced by Representative J. French Hill which looks to amend the rules of the Internal Revenue Code of 1986 (the “Code”) concerning  “subchapter S” qualified corporations (“S Corps”), and the limited number of permitted S Corp shareholders, to… Read More

March 31, 2016 @ 6:01 pm By Robin Sosnow  |  

The “democratization of investment” in historically closed industries have been the buzzwords of choice since the JOBS Act was signed into to law in 2012. But only since March 25, 2015, when the SEC voted to adopt the proposed rules implementing Title IV, was access… Read More

March 31, 2016 @ 8:47 am By Ethan Senturia  |  

This time of year, taxes are top of mind for consumers and business owners alike, but few people like to think about tax liens.  Tax liens are serious business and can have a significant impact on your credit and ability to secure financing.  Since eCommerce… Read More

March 29, 2016 @ 1:20 pm By Amy Wan  |  

  In translating the JOBS Act into final regulations, the SEC sought to protect investors in myriads ways: limiting certain opportunities to accredited investors, implementing caps on the annual amount certain investors may invest, and requiring certain disclosures, among other things. Understandably, the bulk of… Read More

March 25, 2016 @ 11:25 am By Lao Zhuo, Weiyangx  |  

The property prices in China’s major cities has surged in recent months, first in Shenzhen, then Shanghai and Beijing. The rapid appreciation of property is drawing people’s attention back to the concept of real estate crowdfunding. Four types of real estate crowdfunding Real estate crowdfunding… Read More

March 25, 2016 @ 9:59 am By JD Alois  |  

Scottsdale Capital Advisors Corp is challenging the Financial Industry Regulatory Authority’s (FINRA) ability to act as a securities regulator in Maryland federal court by stating it does not truly have a Congressional mandate to wield such power. The lawsuit is in response to proceedings pertaining… Read More

March 21, 2016 @ 7:46 pm By JD Alois  |  

The lawsuit against the SEC targeting the updated exemption called Reg A+ will take another step forward next month as oral arguments are scheduled to be heard in the US Court of Appeals, District of Columbia. The case known as Monica J. Lindeen, Montana State… Read More