JOBS Act, Capital Formation, Securities and Exchange Commission (SEC)

Crowdfunding Report Shows Increasing Reliance on Regulation CF Deals & Disparities in Participation by Women & Minorities

Mayer Brown Free Writings + Perspectives on 5/14/2024

Introduced under Title III of the JOBS Act, Regulation Crowdfunding (“Regulation CF”) was promulgated to allow startups and emerging companies to raise capital from a wider pool of investors through equity crowdfunding...more

On track with the SEC - staff proposes rules on streamlining private exemptions

Eversheds Sutherland (US) LLP on 3/24/2020

On March 4, 2020, the Securities and Exchange Commission (the SEC) issued a proposed rule (the “Proposed Rule”) on ways to “simplify, harmonize, and improve certain aspects of the exempt offering framework to promote capital...more

Rule 506(b) Offerings Continue to Dominate Small Business and Real Estate Equity Offerings

Whitman Legal Solutions, LLC on 1/13/2020

Most start-up businesses and real estate funds are in the same position as professional violinists–they don’t have sufficient capital to finance their business plans or real estate acquisitions. They may have access to some...more

SEC Proposes New Rule 163B to Expand ‘Testing-the-Waters’ Communications to All Issuers

Skadden, Arps, Slate, Meagher & Flom LLP on 2/22/2019

On February 19, 2019, the Securities and Exchange Commission (SEC) voted to propose a new rule and related amendments under the Securities Act that would expand the permissible use of testing-the-waters communications to...more

In my Backyard: Real Estate Developers can Use Equity Crowdfunding both to Fund Projects and Convert Opposition

Farrell Fritz, P.C. on 1/28/2019

Real estate developers should seriously consider equity crowdfunding to fund development projects for two major reasons, one of which has little or nothing to do with money. ...more

House OKs JOBS Act 3.0, but Capital Formation Bill on Hold Amid Senate Talks

BakerHostetler on 8/2/2018

Last month the House overwhelmingly approved a package of rifle-shot changes to financial services laws, but competing priorities and election-year politics are complicating its consideration in the Senate....more

“Three’s A Charm”: House Adopts JOBS Act 3.0 To Fix Earlier Capital Raising Reform Efforts

Farrell Fritz, P.C. on 7/24/2018

t’s not often that the House of Representatives votes nearly unanimously on anything noteworthy these days, but that’s exactly what the House did on July 17 in voting 406-4 for the “JOBS and Investor Confidence Act of...more

The JOBS Act 3.0: Regulatory Reforms Pass House of Representatives

Skadden, Arps, Slate, Meagher & Flom LLP on 7/24/2018

On July 17, 2018, the House of Representatives passed the JOBS and Investor Confidence Act (JOBS Act 3.0), a package of reforms consisting of 32 pieces of legislation principally designed to spur entrepreneurship by...more

The Short Field Guide to IPOs - November 2017

Morrison & Foerster LLP - JOBS Act on 11/21/2017

THE EMERGING GROWTH COMPANY - The JOBS Act created a new class of issuer: the emerging growth company (EGC). An EGC is defined as an issuer with total annual gross revenue of less than $1.07 billion (originally $1 billion,...more

Corporate Finance Alert: House Passes Bipartisan Legislation Intended to Ease Capital Formation

Skadden, Arps, Slate, Meagher & Flom LLP on 11/7/2017

On November 1, 2017, the House of Representatives passed two bills intended to ease regulatory burdens on capital formation. The bills would amend the Securities Act of 1933 (Securities Act) to extend the “testing the waters”...more

Capital Formation Bills Pass House

Morrison & Foerster LLP - JOBS Act on 11/2/2017

HR 1585, sponsored by Rep. Schweikart, titled The Fair Investment Opportunities for Professional Experts Act, passed the House by a voice vote. This bill would amend the “accredited investor” definition to add persons,...more

Securities Offerings and Communications: Is the Integration Bogeyman Dead

Morrison & Foerster LLP on 8/1/2017

In our Practising Law Institute treatise Exempt and Hybrid Securities Offerings, we refer to the concept of “integration” under the securities law as a bogeyman of sorts for practitioners. In this day and age of tweets and...more

Initial Results Validate Crowdfunding Reforms

Ward and Smith, P.A. on 3/7/2017

Beginning in 2012 America started a bold experiment to prove that: Less is more; and, Addition by subtraction works. The experiment tested whether reducing government regulation would produce better...more

The Securities Law Crystal Ball

Morrison & Foerster LLP on 1/20/2017

At the beginning of each new year, we find ourselves engaged in discussions of the evolving securities regulatory landscape and the changes that we anticipate may occur. We have done this for many years now. Each January we...more

A Window into Trump’s SEC?

Stinson - Corporate & Securities Law Blog on 11/16/2016

Insights into an SEC composed of Trump appointees can be gleaned from Financial Services Committee Chairman Jeb Hensarling’s (R-TX) opening statements at a committee hearing on SEC oversight, with testimony by outgoing SEC...more

"The JOBS Act: Did It Accomplish Its Goals?"

Skadden, Arps, Slate, Meagher & Flom LLP on 7/6/2016

In the wake of the 2008 financial crisis, Congress created the Jumpstart Our Business Startups Act (JOBS Act) to encourage capital formation in order to grow businesses, create jobs and spur economic activity. Congress and...more

JOBS Act Quick Start – A Brief Overview of the JOBS Act, 2016 Update

Morrison & Foerster LLP - JOBS Act on 2/1/2016

Many market participants were taken by surprise by the enactment of the Jumpstart Our Business Startups (JOBS) Act. The JOBS Act, HR 3606, was passed by the United States House of Representatives on March 8, 2012. On March...more

"SEC Rulemaking Update: A Year of Changes, With More to Come"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/19/2016

Last year, the Securities and Exchange Commission (SEC) made major progress in completing its rulemaking mandates under the Jumpstart Our Business Startups Act (JOBS Act) and the Dodd-Frank Act. Additionally, Congress enacted...more

New Crowdfunding Rules for Issuers: Opportunities or Landmines? - Part III

WilmerHale on 1/12/2016

This is the third post in our three-part blog post exploring Regulation Crowdfunding and its provisions before the final rules become effective on May 16, 2016. Practical Takeaways from Regulation Crowdfunding - ...more

FAST Act Brings Additional Benefits for Emerging Growth Companies and New Resale Exemption

Goodwin on 12/15/2015

On December 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation Act, or FAST Act. The FAST Act includes several provisions intended to improve capital formation by smaller issuers and...more

SEC Adopts “Regulation Crowdfunding”

Cozen O'Connor on 11/10/2015

On October 30, 2015, the Securities and Exchange Commission (SEC) adopted final rules to implement equity crowdfunding under Title III of the 2012 Jumpstart Our Business Startups Act (JOBS Act). “Regulation Crowdfunding,”...more

SEC Proposes Rule Changes to Pave the Way for Intrastate and Regional Offerings

Morrison & Foerster LLP on 11/6/2015

At the same time the Securities and Exchange Commission (the “SEC”) adopted rules implementing Regulation Crowdfunding pursuant to Title III of the Jumpstart Our Business Startups Act (the “JOBS Act”), the agency proposed...more

SEC’s Crowdfunding Rules

Dorsey & Whitney LLP on 11/2/2015

Crowdfunding is a popular and controversial form of selling securities using the internet. Prior to the passage of the JOBS Act, which was designed to facilitate capital formation for small companies, such sales generally...more

“Building a Dynamic Framework for Offering Reform”

Morrison & Foerster LLP - JOBS Act on 10/29/2015

At today’s PLI Securities Regulation Institute conference, SEC Chair White delivered the keynote address. In her speech, Chair White addressed a broad range of topics. She noted the successes of securities offering reform as...more

SEC To Hold Forum on Small Business Capital Formation in November

Katten Muchin Rosenman LLP on 10/28/2015

On October 21, the Securities and Exchange Commission announced that it will hold its annual Government-Business Forum on Small Business Capital Formation on November 19 at its Washington, DC headquarters. The forum will...more

The Jump-Start Our Business Start-Ups Act › Capital Formation › Securities and Exchange Commission (SEC)

"My best business intelligence, in one easy email…"