crowdfunding

A mixture of success and trepidation accompanied 2016 legislation introduced in  several states to create, extend, or recapitalize angel tax credit programs. While legislation in Arizona’s legislature failed due to a lack of support, angel tax credit bills in Kansas and Tennessee passed easily with broad support from their governors, lawmakers, and the public. In North Dakota, the state’s angel tax credit program faces an unclear future due to concerns about transparency and oversight. To stimulate investments in West Virginia’s startup community, Gov. Earl Ray Tomblin signed legislation allowing non-accredited investors to make equity investment in state-based businesses.

Technology companies raised $225 million globally on rewards-based crowdfunding sites in 2015, according to a new report from the UK-based Crowdfunding Centre. In State of the Crowdfunding Nation, the Crowdfunding Centre reported that reward-based crowdfunding sites helped raise over $1.5 billion worldwide between the calendar years of 2014 and 2015. Global rewards-based crowdfunding campaigns raised $823.5 in 2015 million (a 20 percent increase over 2014) from nearly 10.2 million backers. In the United States, approximately 20,000 fully funded campaigns raised over $590 million in the United States in 2015. When broken down by category, tech companies attracted the most funding from backers and on average raised over $51,000 per campaign. In addition to tech companies, video games companies raised over $47 million in 2015 using reward-based crowdfunding sites. Download the report (purchase required)

In late 2015, the U.S. Securities and Exchange Commission (SEC) released two rule changes that may shape the future of equity investments in startups and small businesses. The two new rules directly address issues related to the accreditation of investors – an important element of the angel investment ecosystem that has long driven early stage investments in startups. In December, the SEC released a report on proposed changes to the definition of accredited investors. In November, the SEC released its rules for Title III of the JOBs Act that allows startups to raise equity from both accredited and non-accredited investors through a publicly solicited crowdfunding campaign. The new rules will allow equity crowdfunding to go into effect in May of 2016.

On April 5, 2012, President Obama signed Jumpstart Our Business Startups Act (JOBS Act) into law with the intent of helping small businesses and startups raise capital through several changes to long-standing securities regulations, including a change that would allow companies to raise equity from both accredited and non-accredited investors through a publicly solicited crowdfunding campaign (Title III of the Jobs Act). However, it took over three years for the Securities Exchange Commission (SEC) to finally adopt the rules that will permit companies to offer and sell securities through crowdfunding. The new rules also include amendments to existing Securities Act rules to facilitate intrastate and regional securities offerings. Final rules include:

The last decade has seen a rapid expansion and deepening of the types of vehicles that fund startup firms in the U.S. and worldwide, according to The Globalisation of Angel Investments – a new study from Josh Lerner, Antoinette Schoar, Stanislav Sokolinksy, and Karen Wilson. In particular, the authors have seen a growing role for angel groups and other more “individualistic” funding options, such as super angels or crowd sourcing platforms. To support their claim, the authors examine the records of 13 angel investment groups based in 12 countries, with applicants from 21 nations.

Last month, Minnesota Gov. Mark Dayton signed the MNVest bill – an intrastate securities exemption that allows Minnesota-based companies and entrepreneurs to raise money through equity crowdfunding. To qualify for the exemption, businesses must show evidence of several requirements including being organized under state laws and that its principal office is located in Minnesota. Companies can raise capital from both accredited and non-accredited investors from across the state. In any 12-month period, a company cannot raise more than:

The Canadian Securities Administrators (CSA) announced that securities regulators in five Canadian Provinces have agreed to CSA Notice 45-316 – a common set of rules that will allow startups to raise up to $500,000 CD (approximately $401,600 USD) per year from unaccredited investors via authorized Canadian-based funding portals. With the passage of the new rules, the provinces of British Columbia, Manitoba, Québec, New Brunswick and Nova Scotia join Saskatchewan as provinces that allow non-accredited investors to make equity investments in startups and other small businesses, according to techvibes.com.

Even after equity crowdfunding reached a milestone earlier this month with new Securities Exchange Commission proposed rule changes, state legislatures across the country continue to pass intrastate crowdfunding bills. In April, governors from Arizona (HB 2591) and Colorado (HB 1246) signed bills that will allow startups and other businesses in their respective states to raise capital via equity crowdfunding exemptions. Arizona and Colorado joined Massachusetts (Read more in the SSTI Digest) as states that have passed exemptions since the start of the year. The next state most likely to pass crowdfunding legislation is Minnesota – once they are able to finalize compromise between lawmakers and state regulators. In March, new legislation (HB 3429) was officially filed by Illinois State Rep. Carol Senate. The North Carolina state legislature once again is attempting to pass intrastate crowdfunding legislation. 

Last week, the Securities and Exchange Commission adopted final rules to update and expand Regulation A, an existing exemption from registration for smaller issuers of securities.  The new Regulation A+ will enable smaller companies to offer and sell up to $50 million of securities in a 12-month period, subject to eligibility, disclosure and reporting requirements. Under Regulation A+, there are two tiers of offerings that companies may make that include:

One hundred Twenty-five  impact investors worldwide reported plans to increase impact investing commitments by 19 percent in 2014, from 10.6 billion in 2013 to 12.7 billion in 2014, according to a J.P. Morgan-Global Impact Investing Network (GIIN) info brief – Impactbase Snapshot: An Analysis of 300+ Impact Investing Funds. The report provides an overview of over 300 funds operating across three key themes: geographic focus, asset class type, and target impact theme. The data for this study was collected from ImpactBase platform – an online database of over 300 social impact investment (SII) funds. Key statistics include: