CROWD CONTROL? Social nature of crowdfunding should control fraud, advocates say

Crowdfunding has the potential to revolutionize how small businesses raise capital, but it generates an old worry: the possibility for fraud.

But crowdfunding advocates say not to worry. The public nature of the investing model should help investors quickly identify and put a stop to bad behavior.

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SEC Commissioner Says Concern over Fraud Delays JOB Act Rules

Washington – April 17, 2013.  Securities and Exchange Commissioner  Elisse Walter told the House Committee on Financial Services today that concern about fraud has delayed rules for general solicitations for securities under Title II of the JOBS Act.  The committee called the hearing to investigate what it perceives as an unreasonable delay by the SEC in formulating rules under Title II of the Act, which were due last July 4, 2012.

SEC Commissioner Elisse Walter. Library of Congress.

SEC Commissioner Elisse Walter. Library of Congress.

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (JOBS Act) on April 5, 2012, which would open the door for general solicitation for certain securities offerings and crowdfund investing. The Act required the Securities and Exchange Commission to issue rules by the end of 2012, which SEC has yet to do. In a statement, Committee majority members scheduled a hearing today The Finance Committee held a hearing today to examine “the failure of the U.S. Securities and Exchange Commission (SEC) to meet the statutorily [sec] required deadline for implementing Title II of the Jumpstart Our Business Startups Act (JOBS Act).”

“Title II of the JOBS Act is a top priority of the Commission,” Commissioner Walter assured the committee. “I am committed to finalizing the rules with my colleagues as expeditiously as possible.”  Ms. Walter did not commit to a specific date when the SEC may disclose rules.

Under the proposed rules, companies issuing securities in an offering conducted under Rule 506 of Regulation D would be permitted to use general solicitation or general advertising to offer securities, provided that the issuer takes reasonable steps to verify that the purchasers of the securities are accredited investors.  Commissioner Walter said public commentary raised concerns about fraudulent securities offerings that could be made through general advertising, which prompted the commission to take a closer look at rules for Title II. “If we don’t take care of investors, they won’t invest,” Ms. Walter testified.

“Commenters on the proposal were sharply divided in their views,” testified Ms. Walter, noting that the SEC is reviewing more than 220 comments. “Some of these commenters stated that the proposed rules, if adopted, would result in an increase in fraudulent securities offerings, with a number recommending that the Commission consider additional safeguards, such as those recommended in certain pre-proposing release comment letter.”

“In addition, several supporters recommended that the proposed framework for verifying accredited investor status be supplemented in the final rule by including a non-exclusive list of specific verification methods that could be relied upon by issuers seeking greater certainty that they are satisfying the verification requirement,” Commissioner Walter said.

“Currently, staff in the Divisions of Corporation Finance and Risk, Strategy, and Financial Innovation are developing recommendations for the Commission’s consideration as to how best to move forward with implementation of Title II,” Ms. Walter assured the committee.  In response to questioning by the Committee members, Ms. Walter said the SEC would need additional resources to enforce the new rules under Title II.

“I hope the SEC finalizes the rule about Title II,” said Committee Member Rep. Patrick McHenry (R-NC).  ”The jobs act can have a major impact in getting the eonomy moving again.”

 

CrowdFund Association Open Letter to House Committee

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Crowdfunding's Time Still Hasn't Come, at Least Not for Equity Investments

If you’re hoping to raise capital for your business by selling small stakes to investors over the Internet, you better be patient — there’s no telling when this form of crowdfunding will become a reality.

Congress legalized the use of crowdfunding for equity investments a year ago, when it passed the Jumpstart Our Business Startups Act. But the Securities and Exchange Commission still has not issued the regulations needed to implement the law.

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New Studies Show 81% Jump in Crowdfunding

(c) Crestock.com under license.

(c) Crestock.com under license.

April 8, 2013 – New studies show that funds raised through crowdfunding jumped 81% from 2011 to 2012, and that the equity and debt based crowdfunding could be a $3.98 Billion market per year.

Today, massolution, a research firm specializing in the crowdsourcing and crowdfunding industires, released its annual Crowdfunding Industry Report, finding that crowdfunding platforms raised $2.7 Billion worldwide for more than one million campaigns. These numbers show an 81% jump in funds raised through crowdfunding from 2011 to 2012.

The report discloses that North America and Europe accounted for over 95% of the total crowdfunding market. “Consistent with our 2012 forecast, total crowdfunding volume nearly doubled last year, and with regulatory bodies continuing to pave the way, we expect global crowdfunding volumes to exceed $5 billion in 2013,” said CEO of massolution, Carl Esposti. The study estimates that total global corwdfunding may reach $5.1 Billion in 2013.

Although crowdfunding offers a growing number of countries opportunities to access funds, North America and Europe raised much more capital than platforms in other regions.

  • North America: crowdfunding volumes grew 105% to $1.6 billion

  • Europe: crowdfunding volumes grew 65% to $945 million

  • In total, all other markets grew close to 125%

On April 2, 2013, the University of California, Berkeley’s Fung Institute for Engineering Leadership released a study estimating the size of the equity and debt based crowdfunding market to hit $3.98 Billion per year. The Program for Innovation in Entrepreneurial and Social Finance, part of the Fung Institute, co-authored the study.

“While estimating the size of the future and currently non-existent market is a hazardous endeavor at best, we have presented a set of data, assumptions, and estimations that may prove useful,” said Lee Fleming, Faculty Director of the Fung Institute and a contributing author of the study. “From the lenses of Angels, VCs and Small business lending we believe a market as large as $3.98B per year could rapidly evolve.”

President Obama signed into law on April 5, 2012 the Jumpstart Our Business Startups Act, which will enable small businesses to raise up to $ 1 Million per year from small investors through crowdfunding. The Securities and Exchange Commission is expected to release for public review regulations to govern crowdfund investing by the end of 2013.

The JOBS Act One Year Later: Where Equity Crowdfunding Stands

April 5 marks the one year anniversary of the JOBS Act being signed into law by President Obama. The JOBS Act legalized equity-based crowdfunding in the U.S., which would allow ordinary Americans to invest in newly forming and established small businesses they believe in, while realizing a return on their contribution. The law gave the SEC a firm deadline for releasing its rules governing this new asset class — yet one year later, the agency has yet to release them. When the president signed the legislation into law, he said, “The last few years have been pretty tough on entrepreneurs… for business owners who want to take their companies to the next level, this bill will make it easier for you to go public, and that’s a big deal.” Yet for the entrepreneurs and business owners who desperately need capital — and a break — equity crowdfunding is not yet a reality.

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New Crowdfund Investing Book Prepares Start-ups

9781118449691.pdfApril 5, 2013 – Although regulations permitting equity crowdfunding are months away, now is the time for investors and start-ups to prepare for equity crowdfunding, according to Sherwood Neiss, co-author of the new book  “Crowdfund Investing for Dummies. ”  “I think the book’s timing is perfect,” said  Neiss said. “This gives entrepreneurs ample time to read and prepare.”  John Wiley & Sons released the new paperback on March 15, 2013 as part of its popular “Dummies” series.

Exactly one year ago, President Obama signed the Jumpstart Our Business Startups Act (JOBS Act) into law. The act paves the way for small businesses to raise up to $ 1 Million per year from small investors through online crowdfunding portals.   Under the Act, the Securities and Exchange Commission must formulate rules to regulate crowdfund investing. The SEC is expected to propose rules for public comment later this year.  The crowdfund investing market could reach $3.8 Billion per year, according to a study by UC Berkeley’s Fung Institute for Engineering Leadership.

Neiss, along with co-authors Jason W. Best and Zak Cassady-Dorion are founders of of Startup Exemption (developers of the crowdfund investing framework used in the 2012 Jobs Act) and startupexemption.com.  Neiss explained that the primary goal of the book is to educate investors or entrepreneurs about the “newest big thing on Wall Street.”  The book walks investors and entrepreneurs through the new crowdfund investing experience.

“For entrepreneurs it explains everything one needs to know about crowdfund investing including how to present a solid business plan, define your financial needs, and prepare for a crowdfund investing campaign,” Neiss pointed out.  The book’s pointers include how to market a pitch, tap into social networks, prepare for potential problems related to a campaign, and successfully complete a crowdfund investing campaign and how to manage the crowd after a campaign is successful. For investors, the book provides guidance on the risks and rewards of crowdfunding, how to review offerings through “crowd diligence” and the role investors play in preventing fraud.

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Jason Best, Zak Cassady-Dorion and Sherwood Neiss, co-authors of Crowdfund Investing for Dummies.

“I believe that it is equally weighed between what entrepreneurs need to know to get started and investors need to know about investing in this new asset class,” Neiss said.  “I think the biggest selling point is, this is written by entrepreneurs who have raised over $80 Million in the private capital markets and hence understand things from the point of view of the entrepreneur, investor and regulator.  We also wrote the framework so are intimately close to the way it which it can operate.”

Although regulations for crowdfund equity are months away, Neiss said the timing of the book is perfect.  “If it were to come out after the rule then people would be rushing to catch up,” Neiss said.  “This gives them ample time to read and prepare.  Prepare is the most important thing and it won’t happen overnight.  The book explains just all the work that needs to be done so getting it now will allow entrepreneurs to have the time they need to put the best fundable pitch together.”

The book is available through online resources such as Amazon and Barnes & Noble.  Book cover courtesy of John Wiley & Sons.

Article By A. Brian Dengler, CfPA.org blog editor.