Tagged: securities and exchange commission

Offering Support for Crowdfunding and Broker-Dealers Subject to Transfer-Agent Requirements

On November 2, 2020, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) voted to amend its rules to harmonize, simplify, and improve the exempt offering framework. These amendments will, in general, be effective 60 days after publication in the Federal Register. Bigger is Better An… Read More

SEC Proposes Exemption for Securities Compensation for Gig Economy Workers

Somewhat unexpectedly, the Securities and Exchange Commission (SEC) has announced a proposed framework for gig economy workers to receive compensation by the issuance of securities. According to the SEC, the framework provides an exemption from registration for the issuance of compensatory securities by non-reporting issuers,… Read More

Chairman Jay Clayton Announces His Departure from SEC at End of Year

The Securities and Exchange Commission (SEC) has announced that Chairman Jay Clayton will depart the agency at the end of the year. The exit by Clayton has long been expected regardless of the outcome of the Presidential election. Clayton joined the SEC on May 4,… Read More

SEC Small Business Capital Formation Advisory Committee Prepares Recommendations on Finders

The Securities and Exchange Commission (SEC) Small Business Capital Formation Advisory Committee met this week to discuss the topic of “Finders.” A Finder is an individual who helps a small business find investors and may be paid a fee for this service. Under existing rules,… Read More

SEC Issues Statement on Wyoming Division of Banking’s No Action Letter Regarding Digital Asset Custody

The Securities and Exchange Commission, Staff of the Division of Investment Management has issued a public statement pertaining to a recent No-Action Letter (NAL) published by the Wyoming Division of Banking that included the Wyoming Division of Banking’s views relating to the definition of “bank”… Read More

The Exempt Offering Ecosystem: What the SEC Changed

TL;DR – The SEC announced a series of amendments (likely to be effective early next year) to the rules governing private offering exemptions – by far the most frequent path for venture fundraising.  The amendments retain the same “menu” of exemptions but make incremental improvements…. Read More

Cato’s Director of Financial Regulation Studies Comments on SEC’s Exempt Ecosystem Update: A Welcome Step to Streamline the Exceedingly Complex Capital Raising Rules

As previously reported, the Securities and Exchange Commission (SEC) has updated the exempt offering ecosystem – changes that impact online capital formation including Reg CF and Reg A+. The amendments published the SEC include funding cap increases to both the aforementioned exemptions while additional updates,… Read More

On Deck: SEC Small Business Capital Formation Advisory Committee to Tackle Finders Next

The Securities and Exchange Commission (SEC) Small Business Capital Formation Advisory Committee has scheduled a meeting for next week that will include the important topic of “Finders.” Finders are individuals or firms that help to match investors to smaller businesses. On October 7, the SEC… Read More

A Major Turning Point for Private Capital Markets in America

Today marked a major turning point for the private capital markets in America.  While most of the country is squarely focused on the election, the SEC quietly passed dramatic improvements to securities laws for startups, small businesses and investors everywhere.  The SEC’s actions today signified,… Read More

SEC Division of Enforcement Publishes Annual Report: 715 Enforcement Actions in Fiscal 2020

The Securities and Exchange Commission (SEC), Division of Enforcement, has published its annual report for the 2020 fiscal year. According to the report, the Commission brought 715 enforcement actions of which 405 were “standalone” actions. The Commission also obtained more than 475 bars or suspensions… Read More

Long time Small Business Advocate Congressman Patrick McHenry Applauds SEC’s Decision to Improve Exempt Offering Ecosystem

Congressman Patrick McHenry, the Ranking Member of the House Financial Services Committee, has issued a statement applauding the Securities and Exchange Commission’s rule change today that seeks to improve and simplify the exempt offering ecosystem. Congressman McHenry stated: “Today’s action by the SEC will help… Read More

Head of Corp Fin William Hinman to Depart SEC Later this Year

William (Bill) Hinman, Director of the Security and Exchange Commission’s Division of Corporation Finance, plans to leave the SEC later this year, according to a notice posted by the agency. Hinman joined the SEC in 2017 and was soon engulfed in the initial coin offering… Read More

Where Did Kik Go Wrong? Former SEC Attorney Discusses Kik Settlement with SEC

    Recently, Kik settled a long legal battle with the Securities and Exchange Commission (SEC). In the end, Kik must pay a $5 million settlement pertaining to an initial coin offering (ICO) that was deemed to be an unregistered security offering. Additionally, for the… Read More

SEC Schedules Open Meeting on Expanding Access to Capital for Small and Medium-sized Businesses

The Securities and Exchange Commission (SEC) has scheduled an open meeting to “consider whether to adopt rule amendments to facilitate capital formation and increase opportunities for investors by expanding access to capital for small and medium-sized businesses and entrepreneurs across the United States.” The meeting… Read More

Attorney Prominent in the Crowdfunding Sector is Target of SEC Enforcement Action

The Securities and Exchange Commission (SEC) issued a litigation release today alleging charges of microcap fraud that involved an attorney prominent in the US crowdfunding sector. According to the SEC complaint, Jillian Sidoti, affiliated with the law firm known as CrowdfundingLawyers.net, facilitated alleged fraudulent dumping… Read More

SEC Proposes Exemption for Finders as it Seeks to Assist Small Businesses in Need of Capital

A Longstanding Grey Area Today at an open meeting, the Securities and Exchange Commission (SEC) proposed an update to rules pertaining to “Finders” –  individuals or firms that help smaller businesses find investors. The potential change will subject these individuals or firms to reduced regulation… Read More

John McAfee Hit by SEC Enforcement Action Regarding ICO Promotions, DOJ Joins in with Criminal Charges

John McAfee, a blockchain advocate and former software entrepreneur that created McAfee ant-virus software, is the target of a Securities and Exchange Commission (SEC) enforcement action pertaining to the promotion of initial coin offerings (ICOs). The civil action by the SEC was joined by criminal… Read More

Former SEC Senior Counsel Comments on Kik Ruling: Kik Could Have Benefited From Traditional Capital Markets Lawyer

This past week, Kik, a company that raised over $100 million in an initial coin offering (ICO), lost a long legal battle with the Securities and Exchange Commission (SEC). The courts determined that Kik had raised capital in an unregistered securities offering thus transgressing securities… Read More

Kik Loses ICO Battle with the SEC

Kik, a company that raised around $100 million in an initial coin offering (ICO), has lost a battle with the Securities and Exchange Commission as it fought a claim the offering was in fact an unregistered security. In a court filing yesterday, Judge Alvin K…. Read More

SEC Schedules Open Meeting on Finders

The Securities and Exchange Commission has scheduled an open meeting on the topic of “finders.” The Commission will consider a conditional exemption from broker registration requirements for individuals to engage in “certain limited activities” on behalf of securities issuers. To quote the Commission: “The Commission… Read More

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