August 15, 2017 @ 11:31 am By Ryan Feit  |  

Some equity crowdfunding platforms are putting startups at serious risk.  Working with a platform that doesn’t structure your deal appropriately could jeopardize your ability to raise future capital or worse, force you to become a public reporting company. The emergence of equity crowdfunding is a… Read More

August 6, 2017 @ 6:51 pm By JD Alois  |  

The Commissão de Valores Mobiláros (CVM) in Brazil has published their regulatory regime to legalize investment crowdfunding. The document outlining the rules is embedded below (in Portuguese). The Investment crowdfunding regulation (Regulation 588) creates a new exemption for issuers of securities to raise funding online…. Read More

August 5, 2017 @ 7:50 pm By JD Alois  |  

  The digitization of finance is upon us. Fintech is rapidly changing all aspects of the financial services sector but different countries are adapting at different paces – regulation is largely why. Jackson Mueller, writing for the Milken Institute, hosted several roundtables earlier this year… Read More

August 1, 2017 @ 4:27 pm By JD Alois  |  

The Dubai Financial Services Authority (DFSA) announced the enactment of a regulatory regime designed to engender a robust crowdfunding ecosystem for the country. The new regulations are part of a strategy to foster an innovation driven economy. Empowering entrepreneurs and startups by providing the access… Read More

August 1, 2017 @ 1:00 pm By Jonathan Nieh  |  

  Disclaimer: Although I am a securities attorney, I am not your securities attorney, so the following is in no way legal advice. If you are thinking about doing an ICO or token sale, I highly recommend talking to and hiring your own attorney. If you’ve been… Read More

August 1, 2017 @ 7:51 am By JD Alois  |  

The Dubai Financial Services Authority (DFSA) has today launched a regulatory framework for loan and investment-based crowdfunding platforms. The DFSA noted this is the first such framework in the  Gulf Cooperation Council (GCC) member countries. The new crowdfunding regulatory approach is part of the DFSA’s… Read More

July 29, 2017 @ 6:07 pm By JD Alois  |  

Tim Draper, a well known Venture Capitalist who is very active in Fintech, posted an open letter last week addressed the Securities and Exchange Commission regarding the recent comments on regulating Initial Coin Offerings. The letter was published in conjunction of the launch of the… Read More

July 28, 2017 @ 2:14 pm By JD Alois  |  

The Securities and Exchange Commission published a report this week that rattled the hot Initial Coin Offering (ICO) sector is still being ingested by both platforms and companies looking to offer bespoke tokens. But as the SEC fired shots across the bow of the ICO… Read More

July 27, 2017 @ 3:00 pm By Patrick A. Reardon  |  

  The decline in the number of public companies in the United States and the decline in the number of initial public offerings (IPOs) that occur each year are widely decried. It is irony that many who bemoan these changes are the very persons who… Read More

July 24, 2017 @ 4:53 pm By JD Alois  |  

LedgerX, has received regulatory approval from the US Commodities and Futures Trading Commission (CFTC) to operate as a clearing platform for derivatives in contracts clearing in digital currencies such as Bitcoin. Under the order, LedgerX will be authorized to provide clearing services for fully-collateralized digital currency… Read More

July 24, 2017 @ 6:05 am By Erin Hobey  |  

Last month Michael Koenitzer joined Global Debt Registry (GDR) as its Director of Business Development in the new New York office.  Since joining the GDR team he has focused on building and supporting customer relationships with key investor accounts and senior lenders. Koenitzer joined GDR with… Read More

July 20, 2017 @ 7:40 pm By JD Alois  |  

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

July 10, 2017 @ 10:30 pm By JD Alois  |  

The Consumer Financial Protection Bureau (CFPB) announced a new rule to ban financial companies from using mandatory arbitration clauses. The CFPB said these rules have denied people their day in court. Many consumer financial products like credit cards and bank accounts have arbitration clauses in… Read More

July 9, 2017 @ 12:37 pm By Jonathan Nieh  |  

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

July 7, 2017 @ 3:36 pm By Cole Lyons  |  

It is fair to say that over the past couple years, Fintech has taken the financial industry by storm. Their new-age approach to classic finance has added value to both companies and consumers. Because of this, many countries have decided to ride this wave of… Read More

June 28, 2017 @ 12:00 pm By JD Alois  |  

The Financial Stability Board (FSB) has weighed in on the burgeoning Fintech sector of finance. The FSB has been analyzing “financial stability implications” potentially created by Fintech innovation. The FSB says it is specifically seeking to identify “supervisory and regulatory issues that merit authorities’ attention”…. Read More

June 8, 2017 @ 3:47 pm By JD Alois  |  

Some crowdfunding platforms are accepting money from international investors. First, to clarify, is is allowable under US regulations but there are caveats to the rules. In the US, there are three different securities exemptions where you can publicly promote your offerings online: Reg D (506c),… Read More

June 5, 2017 @ 9:25 am By Joshua G. Hamilton, James H. Moon & Bret M. Geckeler  |  

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

June 3, 2017 @ 1:53 pm By JD Alois  |  

The Dubai Financial Services Authority (DFSA) is looking to streamline the process of financial innovation by creating a special license for Fintech firms called the “Innovation Testing License” or ITL.  The DFSE said the ITL signals the “next phase” in their regulatory roadmap to increase… Read More

May 29, 2017 @ 1:17 pm By Barry James  |  

It may be counterintuitive but the research has been done and the results are now in – and it’s as we’ve been saying for almost five years. Fraud in crowdfunding is not just almost non-existent –  so much so as to be hard to measure,… Read More