Harnessing Crowdfunding to Help Small Businesses, While Protecting Investors

The Harvard Law School Forum on Corporate Governance and Financial Regulation 2013-10-30

Summary:

Editor's Note: Luis A. Aguilar is a Commissioner at the U.S. Securities and Exchange Commission. This post is based on Commissioner Aguilar’s statement at a recent open meeting of the SEC; the full text is available here. The views expressed in the post are those of Commissioner Aguilar and do not necessarily reflect those of the Securities and Exchange Commission, the other Commissioners, or the Staff.

Today [Oct. 23, 2013], the Commission is proposing new rules to implement Title III of the JOBS Act, which exempts qualifying crowdfunding transactions from the registration and prospectus delivery requirements of the Securities Act. The new Regulation Crowdfunding is expected to be used primarily by small companies. As is well known, although personal savings is the largest source of capital for most start-ups, external financing is very important to many small and medium-sized businesses. Unfortunately, as is also well known, many small businesses have difficulty finding external capital. It is worth noting that the need for outside investment is even greater among minority entrepreneurs, who tend to have lower personal wealth than their non-minority counterparts.

Supporters of crowdfunding believe that it may offer a potential solution to the small business funding problem. Observers point to the success of existing crowdfunding services around the world, which raised almost $2.7 billion in 2012, an increase of more than 80% from the prior year.

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Link:

http://blogs.law.harvard.edu/corpgov/2013/10/30/harnessing-crowdfunding-to-help-small-businesses-while-protecting-investors/

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practitioner publications securities regulation regulators materials speeches & testimony luis aguilar sec sec rulemaking crowdfunding investor protection jobs act risk small firms securities act securities fraud

Authors:

Luis A. Aguilar, Commissioner, U.S. Securities and Exchange Commission,

Date tagged:

10/30/2013, 15:20

Date published:

10/30/2013, 09:16