venture capital

SEC adopts a final rule requiring disclosures from SPACs

The U.S. Securities and Exchange Commission (SEC) adopted a final rule last night, by a 3-2 vote that would require prospective special purpose acquisition companies (SPACs) to disclose their sponsors, compensation, target companies, and conflicts of interest and to require SPAC targets to register with the SEC. As SSTI covered during the pandemic SPAC boom, the vehicle provides private companies with a lower-scrutiny, higher-cost path to enter the public markets by merging with a listed SPAC. Interest in and performance of deals involving SPACs have waned since 2022, but this is also true of the more traditional initial public offering path to the public markets. The impact of the SEC's changes, therefore, may be difficult to determine until more investors are ready to drive private companies to the public markets. See sec.gov for the final rule, comments, and factsheet.

Recent Research: Paper challenges value of impact VC investors

A working paper by a team of Harvard-affiliated researchers presents challenging findings for growth equity impact investors. Given the potential alignment between this sector of the market and publicly funded capital access programs (including many venture development organizations and the State Small Business Credit Initiative), this research may find its way into public policy debates. The paper, which has not yet been published in an academic journal, also contains several shortcomings in its approach that should caution any stakeholders from acting on its findings alone.

Useful Stats: An overview of 2023 VC activity

United States venture capital activity not unexpectedly slowed down in 2023, cooling off after multiple years of record-high deals and values during 2021 and 2022, according to the PitchBook-NVCS Venture Monitor Q4 2023. Pitchbook-NVCS estimates a total deal count of 15,766 (13,608 actual + 2,158 estimated) for 2023– exceeding the values of 2020 and prior years but falling several thousand short of the last two years. Between these deals, just $170.6 billion was invested, a drop of $71.6 billion from 2022 and $177.4 billion from 2021.

Investment associations sue SEC over rule intended to promote transparency

A group of associations representing private investment funds, including the National Venture Capital Association, jointly filed a lawsuit in the 5th Circuit Court of Appeals against the U.S. Securities and Exchange Commission (SEC). The suit seeks to overturn the agency’s recent rule that among other things requires fee, audit, and performance disclosures from private fund managers. The opening brief, which became available last week, argues that the rule should be vacated because it overrides Congress’s deliberate exclusion of private funds from this type of oversight, that the costs to funds and investors of implementing the rule outweigh the potential benefits, and a host of procedural missteps during the rulemaking process. For its part, the SEC has defended the rule as being necessary to address insufficient transparency and exposure to conflicts of interest that threaten regular investors as pension and retirement funds increasingly participate in private investment vehicles.

Latino/a businesses are the fastest growing demographic in the US, Stanford finds

Latino- and Latina-owned businesses represent the fastest growing demographic in the U.S. business ecosystem, growing revenues and creating jobs for all Americans, according to the Stanford Graduate School of Business. The number of Latino/a-owned businesses grew by 34% from 2007 to 2019, while existing businesses grew at a median rate of 25% between 2019 and 2022. Even at these rapid rates, there is still room to grow. Estimates from McKinsey show the potential for Latino/a owners to generate an extra $2.3 trillion in economic benefits, given equal funding opportunities.[1]

SSTI releases new data tool that summarizes investment activity by state and tech area

SSTI has released a new data tool that defines investment activity, one indicator of the vibrancy of a region’s innovation economy, in each of 18 technology areas. Comprising two interactive visuals and a downloadable data file, this tool includes the number of investment-backed companies, investment deals, and amount of capital invested by state, year (2013-June 2023), and investment stage (e.g., seed, angel, venture) for technology verticals that were selected to align with many of the key technology areas defined in the CHIPS and Science Act and included in the U.S. Economic Development Administration (EDA) Tech Hubs program.

New SBIC rules facilitate early-stage investment

The U.S. Small Business Administration (SBA) is implementing a final rule, effective Aug. 17, that adds a category of Small Business Investment Company (SBIC) that will make the program a better-fit for early-stage investment strategies. The most significant change in this direction is the creation of an accrual funding mechanism that enables licensed SBICs to receive a loan from SBA that is repaid only upon distribution events or at the end of a 10-year term. Additional changes include allowing fund investment strategies through a reinvestor SBIC license, modifying license fees, clarifying elements of nonprofit participation, and attempting to reduce program paperwork.

Mississippi, Tribal Governments receive SSBCI funds

This week, the U.S. Department of the Treasury approved the state of Mississippi and 15 Tribal Governments for State Small Business Credit Initiative (SSBCI) awards. Mississippi is receiving $86 million to launch four programs, including a $15 million fund investment program and an $11 million direct investment program. Treasury approved the funding of six venture capital programs from the awards to Tribal Governments: Chickasaw Nation ($8.0 million), Inupiat Community of the Arctic Slope ($2.9 million), Ninilchik Village ($0.7 million), Levelock Village ($0.6 million), Redding Rancheria ($0.6 million), and Osage Nation (VC program amount not specified from the $5.1 million total award).

EDA releases $50 million Build to Scale Funding Opportunity

Earlier today, the Economic Development Administration (EDA) announced the 2023 notice of funding opportunity (NOFO) for the Build to Scale program. State and local governments, nonprofits, higher education institutions, National Labs, and others can compete for $50 million to support new and expanded initiatives supporting regional commercialization, entrepreneurship, and capital formation efforts.

Q1 2023: Deal counts down amid continued market pressure, deal value stays relatively strong

Venture capital (VC) activity continued to decline in the first quarter of 2023, according to data from Pitchbook-NVCA Venture Monitor Q1 2023. Total deal count declined, with exit count and venture-growth also slowing, and angel and seed activity hitting a 10-quarter low. The difficulties facing the market grew with tensions from the continuation of the Russian-Ukrainian war, the collapse of Silicon Valley Bank, and high inflation rates.

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