2014 Bills Tackle Crowdfunding, Tax Credits, Startup Capital and More
Several bills aimed at supporting startups, advancing research and improving the workforce have been introduced with the start of the 2014 sessions. Some of the proposed legislation offers a glimpse into the investment priorities of governors and lawmakers in the wake of economic recovery. Providing innovative companies with access to startup funds is a continued theme from previous years. Some states are seeking to expand tax credits for angel investors or offer new tax credits to encourage emerging industries. Other bills focus on generating more skilled workers quickly and positioning universities to enhance regional economic competitiveness.
Maine Legislature Approves Crowdfunding Bill
Maine businesses may now raise up to $1 million in capital by selling small amounts of equity to individual investors as a result of legislation that recently became law without the signature of Gov. Paul LePage. Using a model similar to crowdfunding websites such as Kickstarter, participating businesses will be able to register with the Maine Office of Securities, setting both a fundraising goal and deadline. Individual investors will be able to purchase up to $5,000 in equity from a single business.
States Pass Innovation-Focused Legislation
Investments and policy to support innovation-focused agendas have flourished with the close of the 2014 legislative sessions in several states. Crowdfunding legislation, incentives for attracting talent, higher education affordability, punishing patent trolls, and encouraging greater accountability are some of the areas where lawmakers focused their efforts.
Crowdfunding Made a Splash in 2013, 2014 Could be Turning Point
Crowdfunding was poised to make a major splash on startup financing in 2013, aided by the passage of the 2012 JOBS Act, a projected explosion in the number of crowdfunding portals and the adoption of state crowdfunding exemptions. However, the crowdfunding industry did not have the anticipated gamechanging impact on startup financing.
Crowdfunding: Gender and the Democratization of Small Business Finance
Crowdfunding is touted by its proponents as a model that can democratize and neutralize gender bias in the existing small business investment community, for both female investors and entrepreneurs. Crowdfunding proponents point toward the disproportionate number of middle-aged men who are angel investors or work in the venture capital industry. Two recent academic research studies have found that reward-based crowdfunding in the U.S. and peer-to-peer (P2P) lending in Germany and the United States appear to be opening up opportunities for female entrepreneurs and investors.
Universities Take Crowdfunding into Their Own Hands
Georgia Tech has launched a crowdfunding resource for university-based students and faculty. Originally announced in the spring, Georgia Tech joins several other universities that are using crowdfunding to finance commercialization and the development of startups based on university research. The field has become common and relevant enough that an online community has started tracking this growth.
SEC Rules Regarding General Solicitation Go into Effect, Crowdfunding Community Responds
Earlier this week, the Securities Exchange Commission’s (SEC) final rules allowing general solicitation went into effect. General solicitation broadly means the public advertisement that an entrepreneur or business is raising capital via the sale of securities (e.g., stock, loans, and bonds).
WI Lawmakers Embrace Crowdfunding; NJ May Be Next
A measure to amend the state securities laws in order to permit equity crowdfunding won approval in the Wisconsin Legislature following swift and unanimous passage in the Senate this week. The bill, called the Wisconsin Crowdfunding and Securities Exemptions (CASE) for Jobs Act, is aimed at providing better access to small business capital by connecting Wisconsin-based investors with startups through crowdfunding websites. Wisconsin now joins three other states, Georgia, Kansas and North Carolina, that have enacted similar securities exemptions.
Crowdfunding for All Takes Final Steps Toward Actuality, SEC & FINRA Release Rules
On October 25, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules under the JOBS Act that would permit companies to offer and sell securities to non-accredited investors through crowdfunding intermediary portals (crowdfunding portals). The SEC released a fact sheet that highlights several of the proposed rules for startups and investors who want to engage in crowdfunding that include:
Study of UK Peer-to-Peer Lending Hints at Potential Crowdfunding Participants
Shortly after the first anniversary of the Jumpstart Our Business Startups Act (JOBS Act — see the March 28, 2012 issue of the Digest) Mary Jo White was sworn in as the 31st Chair of the Securities Exchange Commission (SEC).
Crowdfunding U: Universities Experiment with Crowdfunding
SEC Takes Next Step toward Equity-based Crowdfunding for the Masses
During a recent public hearing, the Securities and Exchange Commission (SEC) adopted a new rule that moves equity-based crowdfunding one step closer to reality. As mandated by the JOBS Act (see the March 28, 2012 issue of the Digest), the new rule will allow companies to publicly advertise, market and disclose the fact that they are fundraising. However, the sale of securities is still restricted to accredited investors and the company must take reasonable steps to verify that all purchasers are accredited.
Innovative Funding at the Edges
Venture development organizations are reaching into new territory for funding partners and finding success in innovative models. Two new funds, the San Diego Tech & Life Science Investor Syndicate and Rev1 Fund I in Columbus, OH, have recently opened with less traditional funding sources, testing the waters of crowdfunding and heavy corporate backing, respectively. The San Diego fund, launched by CONNECT, allows anyone wanting to invest $1,000 the opportunity to participate alongside more experienced lead investors.
SEC finalizes demo days, crowdfunding rules
The Securities and Exchange Commission (SEC) recently published a final rule clarifying acceptable communications during “demo days” and expanding the accessibility of crowdfunding, among other changes. The new rule establishes guidelines to make “demo day” activities exempt from general solicitation requirements.
SEC opens public comment period for changes to exemption regulations
The U.S. Securities and Exchange Commission is accepting public comments regarding their proposed changes to exempt offerings regulations. These modifications, originally announced last month, aim to streamline and expand the fundraising abilities for businesses while still qualifying as exempt from the SEC’s registration requirements.
SEC relaxes crowdfunding rules for 10 months
The U.S. Securities and Exchange Commission is implementing a rule that relaxes restrictions on crowdfunding through next February, according to a Federal Register notice published today. The net result of the temporary rule is to accelerate the timeline for a company to access capital through crowdfunding, at the expense of some public access and investor information.