crowdfunding

MA Adopts Crowdfunding Exemption; Is AZ Next?

Less than two months into 2015, Massachusetts and potentially Arizona will join the growing number of states that have adopted intrastate crowdfunding exemptions – one of the emerging trends in economic development from 2014.  In January, the Massachusetts Securities Division adopted a crowdfunding exemption that will allow businesses to raise up to $2 million in equity from both accredited and non-accredited investors.  A similar exemption was introduced in early February to both the Arizona state Senate and House with strong bipartisan support and the approval of several key business leaders and organizations. Minnesota (SF 138) and Colorado also have recently proposed or introduced intrastate crowdfunding legislation. However, both may face a difficult path to approval due to stronger opposition from key organizations and leaders within the state.

Universities Re-imagine Alumni Engagement With Angel Networks, Crowdfunding

Over the last several years, universities have been forced to reimagine ways that they engage with alumni beyond the traditional method of fundraising via alumni donations. These universities and their alumni associations want to increase alumni involvement and facilitate interactions between their high-achieving alumni, faculty, and students. Over this same time span, many universities have increased the size and scope of their entrepreneurship curricula and degree programs. These two trends have started to merge as there has been a rise in the number of alumni angel networks that connect the talents and capital of alumni with faculty and students looking to launch an entrepreneurial venture.

MI Gov Snyder Signs Law to Create Secondary Markets for Crowdfunded Securities

Michigan Gov. Rick Snyder recently signed a new law (HB 5273) that will allow for the creation of secondary markets through which intrastate crowdfunded securities can be listed, sold and resold. Under the new securities exemption, broker-dealers interested in establishing an exchange (online or in person) must apply and be registered with the state as well as follow rules of operation laid out in the legislation. They also must take steps to ensure that both businesses and investors are protected from fraud and are located in the state. The bill is intended to complement legislation passed earlier this year that will allow Michigan businesses to raise up to $2 million from non-accredited Michigan investors (Read related Digest Article). The creation of secondary markets provides a solution to one of the primary issues stalling intrastate crowdfunding across the country, a lack of liquidity due to the difficulty of connecting buyers with sellers. Read the bill…

As SEC Continues to Deliberate on ‘Crowdfunding,’ States, Investors Push Ahead

Over two years, President Obama signed the JOBS Act, a bill authorizing a variety of significant changes to securities laws. Among those changes, the Securities and Exchange Commission (SEC) was mandated with implementing rules for equity crowdfunding within 270 days – approximately January 2013. However, the rules still remain in draft form. This SEC slow play has led to grassroots lobbying efforts by crowdfunding industry professionals; 30 members of the U.S. House  of Representatives’ Innovation and Entrepreneurship Caucus drafting a letter to pressure the SEC into adopting the new rules; and, federal lawmakers proposing new federal legislation to revise the original JOBS Act proposed crowdfunding rules.

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. In 2007, 86 percent of angel investors were men. Crowdfunding proponents also point out that less than 10 percent of all companies that receive venture capital funding are run by women. Although equity crowdfunding for all is stilled delayed by the SEC, 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.

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.

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. In order for the round of fundraising to be approved, businesses will have to achieve their fundraising goal by the deadline they initially set. Read the legislation…

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.

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, mostly due to the Securities and Exchange Commission’s (SEC) cautious approach to the adoption of the crowdfunding rules mandated by the JOBS ACT. The SEC eased into the crowdfunding era by allowing for the general solicitation by businesses to raise equity from accredited investors via secure web-based portals. Finally, late in 2013 the SEC released proposed rules that would allow for equity crowdfunding from unaccredited investors sometime in 2014.

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:

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