Crowdfunding through Funding Portals: What You Need to Know
Overview:
On October 23, 2013, a proposal issued by the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC) may significantly alter how companies approach crowdfunding. The proposal aims to allow non-accredited investors invest in startups and small businesses through SEC-registered funding portals.In this 2-hour live webcast, a panel of key thought leaders organized by The Knowledge Group will help you understand the critical elements of the proposal and its potential effects on companies’ crowdfunding practices.
Some of the major topics that will be covered in this course are:
• General Standards of the Proposed Rule
• Funding Portal Application
• Funding Portal Conduct
• Funding Portal Compliance
• Investigations and Sanctions
• Arbitration and Mediation: Funding Portal Rule 1200
• Up-to-minute regulatory updates
Agenda:
Markley S. Roderick, Shareholder
Flaster Greenberg
mark.roderick@flastergreenberg.com
856.661.2265
- "Rewards-based" or "donation-based" Crowdfunding
- What Is Crowdfunding?
- "Rewards-based" or "donation-based" Crowdfunding
- Raising Money in Exchange for Something
- List Briefly Types of Crowdfunding
- JOBS Act Title II
- JOBS Act Title III
- Rule 504
- Old Regulation A
- New Regulation A+
- Background of JOBS Act Crowdfunding
- Public vs. Private Offerings
- Role of the Internet
- JOBS Act
- Title II Crowdfunding
- Title III Crowdfunding
- Title II Crowdfunding
- Rule 506
- General Solicitation and Advertising
- Accredited Investors Only
- New Exemption for Portals
- Role of Portals in Title II Crowdfunding
- No Registration or Regulation
- No-Action Letters
- Broker/Dealer Registration
- Spectrum of Possible Activities
- Relationship Between Portal and Company
- Relationship Between Portal and Investor
- Market Segmentation
- Title II Portals as Traditional Broker
- Title III Crowdfunding
- Limitations on Amount Raised
- Limitations on Amount Invested
- Open to Non-Accredited Investors
- Role of Portals in Title III Crowdfunding
- Portal Required to Act as Mini-SEC
- Extremely Cumbersome Obligations
- No Ability to Differentiate Among Companies
- Relationship Between Portal and Company
- Relationship Between Portal and Investor
Peter J. Schaeffer, Partner
Patterson Belknap Webb & Tyler LLP
(212) 336-2313
- Presentation on what startup financing was prior to Titles 2 & 3
- How do startups raise money?
- How that will change post crowdfunding?
Phillip P. Guttilla , Shareholder
Polsinelli
(602) 650-2327
- Crowdfunding portal requirements
- Details on section 4A6…
- Discuss criticism of rules
Richard B. Levin, Counsel
BakerHostetler
(303) 764-4010
- Introduction
- The Proposed Rules
- Intermediaries
- Registration Requirements
- Offering Compensation
- Compliance Obligations
- Disclosure of Issuer Information
- Communication
- Anti-Money Laundering
- Fidelity Bond
- Intermediary Prohibitions
- Other Regulatory Requirements
- RISK & FRAUD PROTECTION
- State Law Considerations
- Conclusions
Who Should Attend:
- Finance Executives & General Counsel at Companies Interested on Obtaining Funding
- Investment, M&A, Securities, Capital Markets Attorneys and Consultants
- Senior Management
- And Other Related/Interested Professionals
Markley S. Roderick concentrates his practice on the representation of entrepreneurs and their businesses. He represents companies across a wide range …
Peter Schaeffer is a partner in the Corporate Department of Patterson Belknap Webb & Tyler LLP. Peter's practice focus is …
Phillip Guttilla takes a practical approach to legal issues, seeking to understand his clients' needs as a basis for providing …
Richard Levin's practice focuses on the representation of early stage and publicly traded companies in the financial services industry, including …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
134565
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE credit:
Areas of Professional Practice
Total Credits:
2.0 CLE
2.0 CPE (Not eligible for QAS (On-demand) CPE credits)
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SPEAKERS' FIRMS:
About Flaster Greenberg
Flaster/Greenberg PC is a full-service, commercial law firm serving businesses ranging from privately-held companies to Fortune 100 corporations in practices including corporate, tax, IP, trademark and bankruptcy law. For high net worth individuals and business owners, they also provide tax, trusts and estates, and family law.
Named one of only 20 “hot mid-sized law firms” in 2013 by the National Law Journal, Flaster/Greenberg has six offices including locations in Philadelphia, PA; Cherry Hill and Linwood, NJ; Wilmington, DE; and two locations in New York. The National Law Journal list recognizes 20 stand-out law firms with 50 to 150 lawyers nationwide that have demonstrated creative, innovative strategies to staying competitive. To learn more about Flaster/Greenberg, please visit their website, www.flastergreenberg.com.
Website: https://www.flastergreenberg.com/
About Patterson Belknap Webb & Tyler LLP
Founded in 1919, Patterson Belknap is a law firm of over 200 lawyers committed to providing high quality legal advice and service to clients and to maintaining a congenial and diverse workplace. Patterson Belknap delivers a full range of services across more than 20 practice groups in both commercial law and litigation. We make our clients' business issues our own. At the same time, we care about our attorneys, our staff and the community we are privileged to serve. As a result of our performance and our values, the firm is ranked on The American Lawyer's 2013 "A-List" of 20 leading law firms in the United States.
Website: https://www.pbwt.com/
About Polsinelli
Serving corporations, institutions, entrepreneurs, and individuals, our attorneys build enduring relationships by providing legal counsel informed by business insight to help clients achieve their objectives. This commitment to understanding our clients' businesses has helped us become the fastest growing law firm in the U.S. for the past five years, according to the leading legal business and law firm publication, The American Lawyer. Our more than 695 attorneys in 18 cities work with clients nationally to address the challenges of their roles in health care, financial services, real estate, life sciences and technology, energy and business litigation. The firm can be found online at www.polsinelli.com. Polsinelli PC. In California, Polsinelli LLP.
Website: https://www.polsinelli.com/
About BakerHostetler
BakerHostetler is among the nation's 100 largest law firms with more than 800 attorneys coast to coast, delivering the highest quality legal counsel on the most complex and critical issues facing clients today. The firm has offices in Chicago, Cincinnati, Cleveland, Columbus, Costa Mesa, Denver, Houston, Los Angeles, New York, Orlando and Washington, D.C. Its five primary practice groups are Business, Employment, Intellectual Property, Litigation and Tax.
Website: https://www.bakerlaw.com/