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It was in many ways the centerpiece of the Jumpstart Our Business Startups (JOBS) Act of 2012. At the signing ceremony all the President could talk about was the idea of “bringing Wall Street to Main Street.” And while the JOBS Act has many...
by David Carroll
Since the enactment of the Jumpstart Our Business Startups Act (the “JOBS Act” ) in 2012, the Securities and Exchange Commission (“ SEC “) has slowly been making its way through the titles to the JOBS Act to...
Many founders I speak with are interested in obtaining
financing for their businesses first from their friends and family members, and
then from professional investors. I agree, this seems to be the common path.
However, many founders do not realize...
There is a new bill in the House that aims to facilitate
capital raising by private companies (H.R. 1070). The bill was introduced in
March 2011 by Representative David Schweiker and is currently being considered
by the House Committee on Financial...
Last year the IPO market was overheating – a record number of initial offerings were conducted. Nevertheless, SEC Commissioner Daniel Gallagher gives the SEC a grade of “incomplete” in the area of capital formation in recent remarks...
On November 3, 2011, the U.S. House of Representatives
voted overwhelmingly to pass the Entrepreneur Access to Capital Act (H.R.
2930). The bill creates an exemption from the registration requirements of the
Securities Act of 1933, adding a new Section...
"Everyone agrees the title was a work of pure genius,"
says Dick Phillips of K&L Gates in a recent podcast , referring to the Jumpstart Our Business
Startups (JOBS) Act. "It's impossible to vote against in an election year."...
The Jumpstart Our Business Startups Act, as amended by
the Senate, was voted on by the House of Representatives yesterday and passed
380 to 41. That makes it a very bi-partisan bill, even though a ll 41 "Nays" were
Democrats . If I remember...
The People's Republic of China is one country that EB-5
practitioners and related EB5 professionals cannot afford to neglect. The top 5
countries  in
2012, for EB-5 alien entrepreneurs are: China, South Korea, Taiwan (region),
Iran and Venezuela...
Regional Centers 
lawfully raise capital within the EB-5 Program  pursuant to one or more exemptions from
registration set forth in the United States securities laws. The most commonly utilized exemptions in EB-5
offerings are Regulation D ...
Yesterday, the SEC’s Advisory Committee on Small and Emerging Companies, comprised of a number of smart and thoughtful people I know, made some terrific recommendations to the Commission. The biggest, something for which many have been waiting for...
by Jonathan B. Wilson and Dianne L. Trenholm
On April 5, 2012, President
Obama signed the Jumpstart Our Business Startups Act (the "JOBS
Act"), H.R. 3606, into law calling it "a potential game-changer"
From a securities compliance perspective, when
you see an advertisement or an email seeking capital for an investment
opportunity there is most likely a problem. Now there is a bill in Congress
that would change that view.
When selling a security...
Like other capital formation bills we've discussed , the House of Representatives has overwhelmingly approved (by a vote of 407-17) the "Entrepreneur Access to Capital Act," H.R. 2930 . Subject to certain limitations, H.R. 2930 would allow...
As we know, the Senate changed the version of the
Jumpstart our Business Startups (JOBS) Act in only one way, they added an
amendment, drafted by Sen. Merkley (but also supported by Sens. Bennet and
Brown), which added more investor protections to...