Tag Archives: startup exemption

US House Votes in Favor of Crowdfund Investing!

One word …. AMAZING!  The debate was amazing and the vote was AWESOME – 407 to 17!  I can’t believe in only 9 short months we went from “hey we’ve got a framework and a solution” to a bill that just passed the US House of Representatives!

We owe a HUGE debt of gratitude to the AMAZING group of people who made this a reality thus far:

1) Karen Kerrigan at the Small Business & Entrepreneurship Council, for listening to me and putting up with my nonsense!

2) Whoopi Goldberg and Tom Leonardis who first publicly spoke out in favor of our idea and got slammed for it. … Guess 96% of Congress agrees with you/us! 😉

3) Angus Loten at the Wall Street Journal for deciding the subject was newsworthy enough in our early days to write about it in the WSJ?!?!

4) Kevin Lawton who wrote The Crowdfunding Revolution and provided major contributions to my testimonies and the Startup Exemption framework.

5) Paul  Spinrad, Jenny Kassan & Danae Ringelmann (of IndieGoGo) who wrote the first petition to the SEC to make equity-based crowdfunding legal.  Paul also provided incredible input in the testimonies and framework.

6) Chairman Darrell Issa who so graciously took 20 minutes after the May hearing to talk one-on-one with me about crowdfunding as a solution.   Peter Haller & Hudson Hollister for pushing the idea forward.

7) Doug Rand from the White House who reached out to us and included our proposal as part of the President’s Jobs Act.  That’s bipartisan support!

8) And the AMAZING Chairman Patrick McHenry for calling the Crowdfunding hearing, writing the legislation, entering it into record, deliberating over TWO committee hearings, bringing together ideas from both sides, passionately debating it on the floor today and pulling off a 96% bipartisan win in the US House of Representatives!!!  Also a shout out to Dana Mauriello for her awesome testimony at the September Crowdfunding hearing!

And most importantly to my cohorts JASON BEST and ZAK CASSADY-DORION without whom NONE OF THIS WOULD HAVE happened!  As Jason said, “we were naive enough to think we could challenge the status quo and make a difference.  Look at what happened?”

WE AREN’T DONE! … Off to the SENATE … Stay tuned because we have our own big news on this front coming out in the next 24 hours!!

THANK YOU EVERYONE!

Sherwood

 

 

 

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House approves bipartisan SEC bills; GOP, Dems still bicker – The Hill’s Floor Action

House approves bipartisan SEC bills; GOP, Dems still bicker – The Hill’s Floor Action.

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President Obama Endorses Our Framework and HR 2930!

When we crafted our framework for Crowdfund Investing in February, 2011 we thought we had a .1% chance of updating the security laws to make equity-based crowdfunding legal.  Now we have HR 2930, the Entrepreneurial Access to Capital Act whose roots come from 2 hearing we’ve had on Capitol Hill and our entire framework!

And this just in from the White House … aaaaaaaah … day by day we get closer to helping entrepreneurs get access to capital to innovate and create jobs!

A TON of thanks for Rep. Patrick McHenry for taking on our cause!!

The Startup Exemption Team!

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Congress is Polling Your Opinion on HR 2930 … Click to Vote

Major backers of our bill: US Chamber of Commerce, National Taxpayer Union, Small Business & Entrepreneurship Council (SBE Council). Add your support!

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Another Step Closer to Crowdfund Investing (CFI) Reality

Yesterday, October 27, 20011, our bill HR 2930 was amended in the Full Financial Services Committee. It now pretty much matches everything we have been advocating for in Washington! From here it goes to the floor of the US House of Representatives.

Sherwood Neiss, chief advocate of the Startup Exemption said, “What an amazing milestone. Several democrats also signed on showing further bipartisan support for entrepreneurship, innovation and JOBS!”

The Startup Exemption formulated only 10 months ago with a goal to update the security laws to use the tenants of crowdfunding to get capital flowing to entrepreneurs. In that short period of time, they acquired thousands of follows on their petition, blog and twitter feed. They were part of 2 congressional hearing in Washington, DC. They were consulted and included in President Obama’s American Jobs Act and were the backbone for HR 2930, what they like to call the Crowdfund Investing Act.

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Washington Times: Crowd-funding could boost entrepreneurship

Updated regulations would allow investors to find innovators on the Internet 

From the Washington Times.  Click here for article:
Illustration: Crowd funding by Alexander Hunter for The Washington Times

A solution is gaining steam to help spur small-business growth and the anemic state of job creation. It requires updating Securities and Exchange Commission (SEC) regulations regarding general solicitation and accreditation so average Americans can choose to invest in small businesses.

Crowd-fund investing is a common-sense solution that has attracted the interest and support of President Obama. Republican Rep. Patrick T. McHenry of North Carolina recently introduced H.R. 2930, the Entrepreneur Access to Capital Act, legislation that aligns with the general framework supported by the president. So here we have a common-ground idea over which both sides of the political aisle agree on many key details. It’s time to move forward quickly so crowd-fund investing can help capital-starved businesses and our gasping economy.

Nascent entrepreneurs and growth-oriented firms continue to have a difficult time finding capital to expand and innovate. Of course, our nation has counted on the job-creating prowess of small businesses to lead us out of difficult economic periods. This time around, unfortunately, the uncertainties have become too great. New startups, which have fueled job creation following previous recessions, have not taken root at the same pace as in the past.

Weak demand, tight capital and credit markets, and policy uncertainties continue to erode confidence and entrepreneurial activity. The crowd-funding solution addresses a key concern that would help entrepreneurs identify new sources of capital, thus providing optimism and much-needed resources for investment and growth.

America, the land of opportunity, is being out-innovated. Other places, such as the United Kingdom and France, with similar capital constraints have already made crowd-fund investing legal. The crowd is vetting the ideas of entrepreneurs and backing only those they deem worthy. Fraud – a key issue of concern for regulators and legislators alike – hasn’t reared its wicked head, thanks to hundreds if not thousands of prospective investors picking apart the idea, the business model or the execution plan of the entrepreneur for bringing his goods or services to market. These discussions and vetting occur in open dialogues on Internet platforms.

While not allowable under existing U.S. securities laws, crowd-fund investing can provide a way for micro-angel investors, both accredited and unaccredited, to pool their individual small investments to support entrepreneurs and enterprises that have merit. If changes are made in U.S. laws, the funding rounds can occur via SEC-regulated websites. These websites will provide transparency, open communication, accountability and reporting among the investors, entrepreneurs and theSEC. This is an expanded version of “friends and family” fundraising, which uses an individual’s or business owner’s social networks to create jobs and grow the economy.

Mr. McHenry’s bill would provide a crowd-funding exemption to SECregistration requirements for firms raising up to $5 million, with individual investments limited to $10,000 or 10 percent of an investor’s income. The exemption would erase limits on the number of investors until the first $5 million of capital is raised. This exemption provides smaller investors an opportunity to support startups, which currently is not an option under SEC regulation.

In my recent testimony before the House Committee on Oversight and Government Reform subcommittee that Mr. McHenry chairs, I noted some other key provisions that may be considered to address fraud and accountability concerns. For example, there could be a requirement that investors take a brief online course about crowd-fund investing and review a series of disclosures that demonstrate they are familiar with the basics of investing and understand the risks.

In addition, general solicitation should be allowed only on registered Internet platforms where entrepreneurs and investors can meet and the crowd can vet in an open and transparent manner. Standards-based reporting would be submitted to the SEC by small businesses using the platform. A project would not get funded until it met its minimum target. It would be an all-or-nothing proposition. Only if the target was reached would money be withdrawn from donor accounts.

The proposed reforms to existing law are modest and follow the spirit of the Securities Act of 1933 and the Exchange Act of 1934. The modifications include anti-fraud safeguards and create a peer-to-peer system in which communities become the de facto seed and early-stage funders to entrepreneurs. There is wisdom in crowds. They are massively diverse and have a better collective intelligence. Every investor contributes to the crowd’s knowledge. An interconnected, knowledgeable crowd brings more experience. Together they will fund ideas that help small businesses – and the investors themselves – succeed.

A crowd-funding model, of sorts, has been taking place successfully online for the past five years. The current model allows a group of people to pool their money and “donate” it to fund an idea. More than $300 million has been donated to more than 500,000 artists, musicians and developing world entrepreneurs. Imagine what could be accomplished if investment dollars were devoted to promising U.S. entrepreneurs whose ideas only need the capital to launch into the marketplace?

Now it’s time to take action. Americans need to be allowed to do what they do best: come together as one to out-innovate, outproduce and outwork the rest of the world. The only question: How long will it take for our government to let us?

Sherwood Neiss, an entrepreneur, is founder of Startup Exemption and a member of the Small Business and Entrepreneurship Council.


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Crowdfunding Has its Day on The Hill

 

Sherwood Neiss, Chief Advocate of the Startup Exemption testifies September 15, 2001 in front of a Congressional Committee on the ways in which we can get capital flowing to entrepreneurs, spur innovation & create over 500,000 companies and 1.5M net new jobs over the next 5 years.

1) Sherwood Neiss’ testimony: http://1.usa.gov/oHrFy5

2) Video of Crowdfunding hearing: http://bit.ly/raknZY

3) List of panelists including their respective testimonies: http://1.usa.gov/oVD9OX

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Obama Evokes the Startup Exemption in American Jobs Act!

Last night President Obama delivered a speech to the nation in front of both houses of Congress.  During his speech he laid out his plan to create jobs and jumpstart our economy.

He had the following to say: “Everyone here knows that small businesses are where most new jobs begin.  And while corporate profits have come roaring back smaller companies haven’t.”  “Ultimately our recovery will be driven not by Washington but our businesses and our workers.  We can help.” “I agree there are some rules and regulations that do put an unnecessary burden on businesses at a time when they can least afford it.” So “we are … planning to cut away the red tape that prevents too many rapidly growing startup companies from raising capital and going public.” “We should have no more regulation than the health, safety and security of the American people required.  And every rule should meet that commonsense test.” “We should be in a race to the top and I believe we can win that race.” “And it has been the drive and initiative of our workers and entrepreneurs that has made this economy the engine and envy of the world.”   “Members of congress it is time for us to meet our responsibilities”

Today his Jobs Act was released with the following paragraph pursuant to his speech.

Reducing Regulatory Burdens on Small Business Capital Formation: As part of the President’s Startup America initiative, the Administration will pursue efforts to reduce the regulatory burdens on small business capital formation in ways that are consistent with investor protection. This includes working with the SEC to explore ways to address the costs that small and new firms face in complying with Sarbanes-Oxley disclosure and auditing requirements. The administration also supports establishing a “crowdfunding” exemption from SEC registration requirements for firms raising less than $1 million (with individual investments limited to $10,000 or 10% of investors’ annual income) …. This will make it easier for entrepreneurs to raise capital and create jobs.

The bolded line comes directly from what the Startup Exemption has been advocating within its networks in Washington, DC!  Sherwood Neiss, the entrepreneur and Chief Advocate for the Startup Exemption said, “It is AMAZING to see Washington come together over this issue.  Crowdfund Investing (CFI) is an AMERICAN opportunity.  It has the ability to get capital flowing to our nation’s struggling entrepreneurs so that they can grow and hire.   Our zero-cost government initiative has the ability to create over 500,000 companies and 1.5M net new jobs over the next 5 years.”

President Obama is pushing congress to enact the Jobs Act.  If passed, the crowdfunding changes advocated by the Startup Exemption will be the first changes to the security laws in the past 20 years.

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Sherwood Neiss Speaks About the Startup Exemption

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Legalize Equity-Based Crowdfunding to Create Jobs

Next week President Obama will be talking about a plan to create jobs in America.  Finally a subject both parties should be able to agree upon; jobs! The premise behind his action is correct, however his focus is not.

While we are in favor of improvements that advance our education system and infrastructure to keep us competitive in the world, the real long-term opportunity to pull us out of this recession lies in the hands of our nation’s entrepreneurs and the confidence we as a nation have to help them succeed.

Both the SBA and the Kauffman Foundation for Entrepreneurship will tell you that the bulk of net new jobs (those jobs created less jobs lost) during prior recessions came from small businesses and entrepreneurs.

So logically, helping foster the entrepreneurial engine in the USA will foster innovation, businesses and jobs; undoubtedly in a multiple of what our government can do through public stimulus.

However, the traditional capital that our nation’s entrepreneurs used prior to the financial meltdown has disappeared – I know I tried to raise capital for 2 ideas I have and I’m a seasoned three-time INC500 entrepreneur.

There’s a solution gathering support and it only exists today because of advances in the Internet and Technology.  It is based on Crowdfunding where entrepreneurs pitch their ideas to average Americans and let them decide which ideas they would back with a few dollars in exchange for an equity stake in the company.

This form of investment is illegal in the USA because it breaks 80 year-old Security Laws on public solicitation and accreditation.  However, American’s today are more sophisticated than they were 80 years ago, they have seen the financial crisis firsthand and are more skeptical than ever before freely giving away their hard earned cash.  Go ahead, try and ask a group of 1,000 people for $50 each and see how successful you are.

If we can update the security laws to make equity-based Crowdfunding (aka Crowdfund Investing) legal, then we can put the power in the hands of the American people to decide which of their community entrepreneurs they want to back and those that they do not.  The ones that rise to the top will not only have access to a small amount of critical seed capital that doesn’t exist in the markets, but knowledge, experience and marketing power from their supporters.  Think about it. If you own Apple stock chances are you have an iPhone and rave about it.  Subsequently, if you want to back your friends Korean BBQ Food Truck or Internet Startup, chances are you will not only be a consumer but an advisor and marketing agent for them as well.

Direct ownership will not only increase the chance of success (as social networks have time and again shown the ability of the crowd to rally behind an idea) but first-hand ownership will help entrepreneurs succeed thru shared knowledge and experience.  More small successes will lead to an increase in consumer confidence, which is a direct economic indicator.

We are on the verge of a double dip recession.  No one trusts our government.  Let’s put something on the table that is good for the country that both side should be able to agree upon; a zero-cost framework that provides a limited amount of capital flow to entrepreneurs that has the ability to stimulate innovation and jobs, in a fashion that both mitigates risk and provides for investor protection.

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