Category Archives: Business Formation

A Funny Thing Happened on the Way to the (2014 SEC Government Small Business) Forum

As one who has represented small and emerging growth companies over the past 36 years in navigating access to the capital markets, I have closely followed the legislative and regulatory developments in Washington, D.C. since the enactment of the Jumpstart … Continue reading

Posted in Business Formation, Capital Raising, Corporate Governance, Corporate Law, Crowdfunding, General, SEC Developments | Comments Off on A Funny Thing Happened on the Way to the (2014 SEC Government Small Business) Forum

SEC Annual Forum on Small Business Capital Formation: Ground Hog Day for Small Biz?

Many of us are wondering when, if and how the SEC will finally roll out final regulations to implement major provisions of the JOBS Act of 2012, including Title III (investment crowdfunding) and Title IV (Regulation A+). So too were … Continue reading

Posted in Business Formation, Capital Raising, Crowdfunding, General, SEC Developments | Comments Off on SEC Annual Forum on Small Business Capital Formation: Ground Hog Day for Small Biz?

Small Business v. State Blue Sky Regulation – Sunny Days Ahead in 2015?

Groundhog Day is celebrated annually on February 2.  As folklore goes, if it is cloudy when a groundhog emerges from its hole on this day, Spring will come early; if it is sunny, the groundhog will see its shadow and … Continue reading

Posted in Business Formation, Capital Raising, Crowdfunding, General, Regulation A+ Resource Center, SEC Developments | Tagged , , , , , , , , , , , , | Comments Off on Small Business v. State Blue Sky Regulation – Sunny Days Ahead in 2015?

Dawn of a New Era: SEC Chair White Speaks to Small Business

In a speech delivered on January 27 by SEC Chair Mary Jo White at the 41st Annual Securities Regulation Institute in Coronado, California, entitled: “The SEC in 2014,” it appears that Chair White has “gotten the memo” from her predecessors, and is … Continue reading

Posted in Business Formation, Capital Raising, Corporate Law, Crowdfunding, General, SEC Developments | Tagged , , , , , , , , , , , , , , , , | Comments Off on Dawn of a New Era: SEC Chair White Speaks to Small Business

THE SIX DEADLY SINS OF THE SEC’S PROPOSED CROWDFUNDING REGULATIONS – AND HOW TO MAKE THE SEC REPENT BEFORE IT IS TOO LATE

In a previous article I identified a number of serious problems with the SEC’s proposed crowdfunding regulations. I also promised readers to share my opinions on what can and should be done by crowdfunding supporters to fix the problems – … Continue reading

Posted in Business Formation, Capital Raising, Corporate Governance, Crowdfunding, General, SEC Developments, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on THE SIX DEADLY SINS OF THE SEC’S PROPOSED CROWDFUNDING REGULATIONS – AND HOW TO MAKE THE SEC REPENT BEFORE IT IS TOO LATE

On the Proposed SEC Regulations & Crowdfunding – A Postscript: Is SEC Commissioner Gallagher a Friend of the Crowd?

Behind the unanimous vote that accompanied the SEC’s issuance of proposed crowdfunding regulations on October 23, 2013, I sensed that there was more afoot behind the congenial surface.  It seemed unlikely to this Commission observer that the sharp divisions amongst … Continue reading

Posted in Business Formation, Capital Raising, Corporate Governance, Corporate Law, Crowdfunding, General, SEC Developments | Tagged , , , , , , , , , , , , , , , , , , , , , | Comments Off on On the Proposed SEC Regulations & Crowdfunding – A Postscript: Is SEC Commissioner Gallagher a Friend of the Crowd?

Regulation (C)rowdfunding Day – The Morning After

 [Following is a reprint of an article written by me for my Legal Column,  The Crowdfunding Counselor™, on CrowdfundInsider, published on October 24, 2013] First in a Series of Articles Focusing on the Road Ahead to Final Rules and Beyond … Continue reading

Posted in Business Formation, Capital Raising, Corporate Law, Crowdfunding, General, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , | Comments Off on Regulation (C)rowdfunding Day – The Morning After

Equity Crowdfunding and The Road Not Taken – What Congress Could Learn From Kansas

It’s pretty easy to make a case against equity crowdfunding: Startups are risky investments – most will fail, and investors will lose their money. Crowdfunding will be a magnet for fraud, drawing phony and exaggerated investment schemes. The goal of … Continue reading

Posted in Business Formation, Capital Raising, Corporate Law, Crowdfunding, General, SEC Developments | Tagged , , , , , , , , , , , , , , , , , , , | Comments Off on Equity Crowdfunding and The Road Not Taken – What Congress Could Learn From Kansas

Equity Crowdfunding – The Road Ahead at the SEC and Beyond

Equity crowdfunding, hoped by many to be a promising new vehicle for capital formation for startups and other early stage companies, has yet to become operational under the JOBS Act – waiting on the SEC to promulgate proposed and final … Continue reading

Posted in Business Formation, Capital Raising, Corporate Law, Crowdfunding, General, SEC Developments | Tagged , , , , , , , , , , , , , , , , , | Comments Off on Equity Crowdfunding – The Road Ahead at the SEC and Beyond

SEC Issues Final JOBS Act Regulations Allowing Public Solicitation of Investors in Private Placements Under Rule 506 of Regulation D; New Proposed Regulations Regulating Rule 506 Private Placements Also Issued for Public Comment on July 10, 2013

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (JOBS Act), making sweeping changes to federal laws regulating capital formation.  One of the more significant changes to existing law was a directive to the … Continue reading

Posted in Business Formation, Capital Raising, Corporate Governance, Corporate Law, Crowdfunding, General, SEC Developments | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on SEC Issues Final JOBS Act Regulations Allowing Public Solicitation of Investors in Private Placements Under Rule 506 of Regulation D; New Proposed Regulations Regulating Rule 506 Private Placements Also Issued for Public Comment on July 10, 2013