Tagged: regulations

February 11, 2016 @ 11:14 pm By JD Alois  |  

  In Australia, the process to update the regulatory environment to facilitate equity crowdfunding has been a long journey. Back in 2014,  proposed rules by the Corporations and Markets Advisory Committee (CAMAC) were criticized by one industry leader as “totally unworkable”. No need to say more. At… Read More

February 8, 2016 @ 10:33 am By Therese Torris  |  

Real estate crowdfunding started late in 2014 in France. But, hardly a year later, it is going strong with 26 platforms vying for a share of the market. However, as crowdfunding moves from real estate development to buy-to-let projects, new platforms are encountering some resistance… Read More

February 1, 2016 @ 10:17 am By Georgia Quinn  |  

Last week both the SEC and FINRA finalized the rules for funding portals to offer securities under Title III of the JOBS Act of 2012.  The journey to get to this place has been long and at times challenging as regulators and industry participants debated… Read More

January 29, 2016 @ 10:54 am By JD Alois  |  

The Securities and Exchange Commission has approved the FINRA crowdfunding portal rules and related forms. These new rules apply to portals that seek to operate under Title III of the JOBS Act and are not affiliated with a Broker – Dealer.  They are effective as… Read More

January 28, 2016 @ 12:40 pm By JD Alois  |  

As expected, the funding portal rules operating under Title III of the JOBS Act have hit the pages of the Federal Register.  Platforms intent on leveraging the new exemption to issue securities of up to $1 million are able to start the process of registering… Read More

January 25, 2016 @ 4:14 pm By JD Alois  |  

The Securities and Exchange Commission submitted a filing last Friday regarding FINRA’s regulatory role pertaining to investment crowdfunding portals operating under Title III of the JOBS Act.  According to the SEC, FINRA just responded (January 21st) to several comment letters and the Commission is now… Read More

January 24, 2016 @ 10:57 pm By JD Alois  |  

Keith Higgins, Director the Division of Corporate Finance of the SEC, travelled to the UK last week to keynote a speech at the Fifteenth Annual Institute of Securities Regulation in Europe.  The speech, entitled; “International Developments -Past, Present & Future, launched into the premise of… Read More

January 22, 2016 @ 2:51 pm By JD Alois  |  

The Thai Securities and Exchange Commission has proposed rules for investment crowdfunding including the supervision of the investment portals. The SEC states that the proposed rules aim to establish a standard framework for operating crowdfunding portals. The supervised areas include measures and implementation against conflicts… Read More

January 20, 2016 @ 8:00 am By Anthony Zeoli  |  

  As you may be aware, the Securities and Exchange Commission (SEC) is currently considering sweeping changes to some of the most long-standing rules and regulations governing private transactions. These changes include fundamental revisions of both Rule 501, the definition of “accredited investor” and arguably… Read More

January 18, 2016 @ 6:00 am By Spencer Li  |  

The China Banking Regulatory Commission (“CBRC”) issued the highly anticipated draft rules for online lending on December 28, 2015. Ever since the State Council guidelines (“the Guidelines”) for the Chinese internet finance industry were issued in July, rumors about the timing of the online lending… Read More

January 15, 2016 @ 1:03 pm By JD Alois  |  

There is a mandate under Dodd-Frank to review the definition of an “Accredited Investor” on a rolling basis.  As it stands today, Accredited Investors are individuals with incomes over $200,000 per year or $1 million in assets beyond a person’s primary residence. If you are… Read More

January 14, 2016 @ 4:37 pm By Georgia Quinn  |  

As discussed in part one, the SEC’s final Regulation Crowdfunding rules require thorough analysis to not fall prey to potential traps. While I firmly believe that we can make crowdfunding work regardless of the roadblocks set forth, it does not mean that we can afford… Read More

January 14, 2016 @ 2:42 pm By JD Alois  |  

Her Majesty’s Revenue and Customs (HMRC) department, the agency responsible for the collection of taxes, has published its current “position” on the requirement to deduct income tax on interest paid on peer to peer loans. According to HMRC, under existing tax rules in Chapter 3… Read More

January 13, 2016 @ 4:38 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) has adopted “interim final rules” as mandated by the Fixing America’s Surface Transportation or FAST Act that was passed by Congress in December.  These new rules revise financial reporting for emerging growth companies (EGCs) and smaller reporting companies.  EGCs… Read More

January 11, 2016 @ 6:00 am By Kiran Lingam  |  

  2015 could go down as the most active year for regulatory reform in the private securities market since 1940.   After a long delay since passage of the JOBS Act in 2012, we saw an unprecedented flurry of regulatory activity in 2015. Without further… Read More

January 8, 2016 @ 5:06 pm By JD Alois  |  

Like the rest of the world, India is moving forward with new forms of finance. Last month, the Securities and Exchange Board of India stated it would reveal crowdfunding norms “soon”.  Now at a conference taking place in Mumbai, R. Gandhi, deputy governor of the Reserve Bank of… Read More

January 8, 2016 @ 9:37 am By JD Alois  |  

If you are looking for a power point presentation on the equity crowdfunding rules under Title III of the JOBS Act here it is. The actual document is hundreds of pages long but this deck does a great job of distilling what you can, and… Read More

January 6, 2016 @ 1:18 pm By Georgia Quinn  |  

  When SEC Commissioner Piwowar lodged his controversial “NO” vote for the final rules implementing Title III Regulation CF last October, he did so with concern that the overcomplicated rules were laden with “traps” that could snare an unassuming company trying to raise funds. Unfortunately,… Read More

January 6, 2016 @ 11:33 am By JD Alois  |  

Yep. The Federal Reserve agrees. Small community banks have been crushed by excessive regulations. In the past, these localized financial institutions have been the foundation of economic growth for SMEs.  But misguided laws from  myopic politicians driven by the battle cry of “too big to… Read More

January 5, 2016 @ 3:55 pm By Conrad Ford  |  

  It’s long been known that small businesses are one of the cornerstones of a healthy economy, and in the UK, SMEs account for a staggering 99.8% of incorporated companies. Without getting into a discussion on that classification (if 99.8% are small- and medium-sized, what… Read More