Posted by Abigail Murphy.
A way to raise money, fund a project, or venture from a large number of people for a small startup in the earliest stage money sounds simple. Not so much. Every so often, there are crowdfunding campaigns gaining popularity via Facebook newsfeed, twitter feed, and emails. These campaigns come with issues of the right amount of regulation and increasing issue of inequality of funding portals.
After years of back and forth, in October 2015 the U.S. Securities and Exchange Commission (SEC) implemented Title III of the Jumpstart Our Business Startups (JOBS) Act. JOBS allowed startup companies to safely use the internet to offer securities to investors. Prior to 2012, the internet could not be used to match investors and startup ventures due to the “general solicitation rule.” In a short 6 years, the SEC has developed their stance that the internet as a matchmaker for investors and startups is solicitation to a lacking concern for the inequality of funding portals.
A funding portal is the basic platform for the fundraising to take place and act as an intermediary. Both the funding portal pursuant and the broker-dealer must be registered through the SEC, however rising inequality have expressed that regulation is not enough. Concerns are expressed due to argument of crowds vs. expert’s wisdom, including liability. Wisdom for a crowd verses one single investor is never going to be definitive, while a single expert’s wisdom could be too specific. In addition, some are urging the SEC to reevaluate the liability of both parties in a crowdfund due to the easy loophole of fraud. If experts are considered the investors of crowdfunding, do their duties violate under the 1940 Advisers Act? Is crowdfunding an indirect security? This act set grounds for investors to follow and a guideline for compensations, economic activity, and other indirect securities. If the experts end up being categorized as investors, then they too are responsible for any fraudulent financial activity.
Personally, I believe that the overturning of the 2012 JOBS solicitation rule and the 2015 implementation of Title III of JOBS is all still very new. There are no past comparisons of any type of money exchange and investment to base crowdfunding off of. As this topic gains popularity and a crowd does flock to crowdfunding, there will be a need for heavier regulations on the liabilities and registration to create an ethical and financially stable funding portal. I was surprised to read about such an open ended definition when it comes down to the investor vs expert responsibilities in relation to the Advisers Act in 1940. Crowdfunding is an innovative way and already has several fundraising success stories. Over the next few years it will be interesting to see the investor return reports. As long as the finances stay in line, and both the crowdfund pursuant and the investors stay happy I see no issue in allowing the internet to play a role in matchmaking.
Abigail is an economics major at the Stillman School of Business, Class of 2018.
Source:
http://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=4958&context=nclr