The sale and refinancing of real property are common sources of EB-5 investment monies for Chinese investors. However, recent changes in the Chinese banking sectors may make it harder to obtain a home equity loan in China. Since late last year, there...
Today the Angel Resource Institute , Silicon Valley Bank and CB Insights released their angel group 2013 year in review, the Halo Report . The Halo Report analyzes angel investment activity and trends in the United States. Here are a couple interesting...
USCIS released the fourth (4 th ) quarter statistics for Fiscal Year 2013 for I-526 Immigrant Petitions by Alien Entrepreneurs In 2013, in total 6,346 I-526 petitions were received and entered into the case tracking system. 3,699 were approved. 7,131...
Many seem a little confused by the flurry of regulatory activity in Congress and the SEC the last few years when it comes to small business and capital formation. Regulation D? Regulation A? Kickstarter? Crowdfunding? Which is which? Here’s a few...
The Security and Exchange Commission issued a litigation release today announcing the settlement for the biggest fraud in EB-5 history. On March 17, 2014, the United States District Court for the Northern District of Illinois Eastern Division issued the...
On December 13, 2013, the SEC issued a proposed rule , which contains a draft of the long-awaited regulations implementing Section 401 of the Jumpstart Our Business Startups Act (JOBS Act), creating a new securities registration exemption commonly known...
IMMACT90 is a legislation that used to be regarded by immigration lawyers as a milestone for deportation issues. The act significantly restructured the U.S. immigration system and included changes to non-immigrant visa categories, deportation rules, and...
After a gap of 11 months, US Citizenship and Immigration Services (USCIS) finally held the highly anticipated EB-5 Stakeholder Meeting, the first since Director Nicholas Colucci took office. There was no indication of how many people were participating...
The Canadian Immigrant Investor Program closed its doors to 65,000 immigrant investors. 70% of the Canadian program applicants are from China. The termination of the Canadian Immigrant Investor Program has caused major panic among the Chinese investors...
Canada’s Citizenship and Immigration Ministry recently announced the government’s intent to terminate the federal Immigrant Investor Program (IIP) and Federal Entrepreneur (EN) Program, which would eliminate a large and longstanding backlog...
This post is the sixth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior five posts, we provided an introduction to negotiation of the term sheet and discussed binding...
Just a reminder to those who have Delaware corporations, your annual report and franchise tax payment are both due on or before March 1 (which falls on a Saturday this year). At this point, you have likely already received from Delaware your notification...
I previously covered regulations relating to those who broker securities transactions and get compensated a "success" fee (a recurring question that comes up periodically in my practice). Such persons have to register with the SEC as broker...
A fair percentage of my legal practice consists of representing early stage companies (i.e., startups). Many founders approach me because they want to form Delaware corporations and seek funding from VCs or angel investors. The question of legal fees...
On January 10, 2014 the Department of State provided a tentative projection for EB-5 retrogression which may occur in or after July 2014 for applicants from mainland China, as such applicants account for more than 80% of the 10,000 EB-5 visa usages. This...
On October 23, 2013, the Securities and Exchange Commission issued proposed regulations to implement Title III of the JOBS Act, which will allow for the public sale of securities using crowdfunding under an exemption from registration under securities...
As the EB-5 program continues to flourish and develop, with around 4 billion dollars being invested into US projects, changing the very infrastructure of certain areas (for example Brooklyn, New York) as well as creating much needed jobs, yet again the...
China's leadership gathered at a three-day meeting to set economic policy and reform priorities for 2014. The meeting also lay out the blueprint of a bold reform agenda for the next decade. In November 2013, the State Council revised the Regulation...
by Andrew L. Weil , Alexander G. Fraser , and Bradley E. Phipps The Dodd-Frank Act – signed by President Barack Obama more than three years ago, and since then advanced with a host of rules and regulations – has been widely viewed as a...
As we’ve previously blogged , in July 2013 the SEC adopted rules that permit general solicitation and general advertising in connection with certain offerings of securities to accredited investors. Yesterday, to help the markets understand some...
As reported by my friend and attorney Scott Gluck, the House last week started hearings on the next generation of JOBS-type relief for smaller companies, fashioned after the original Jumpstart Our Business Startups (JOBS) Act of 2012. The “JOBS...
by Trent Dykes and Nathan Luce Earlier today, the Securities and Exchange Commission (SEC) took an important step in making securities-based crowdfunding a reality for many small companies with the release of its proposed rules governing crowdfunding...
Bloomberg reports today that the SEC plans to announce long-awaited proposed rules on “crowdfunding” next week. There is no notice yet on the SEC website, but apparently the news outlet heard from those in the know. The Jumpstart our Business...
The Securities and Exchange Commission (SEC) expressed deep concerns in small violations in the broker/dealer relationships, which is prevalent in the EB-5 industry. The SEC Chair Mary Jo White stated in a speech at a conference last week about SEC enforcement...
This post is the second in a series giving practical advice to startups on understanding and negotiating a venture capital term sheet. This post will focus on pre-money valuation, capitalization, and price per share. Read the introduction to this series...