ARTICLE
23 February 2016

SEC Crowdfunding Primer – Regime Starting May 16, 2016

LD
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Contributor
Lowndes, Drosdick, Doster, Kantor & Reed, P.A. logo
The firm’s original four partners were engaged primarily in a burgeoning real estate practice. While our real estate practice and deep-rooted involvement in that industry remains an integral component of the firm, we have grown alongside the dynamic needs of our clients and community at large. Today, the firm’s lawyers advise clients on almost every aspect of business: from copyrights and trademarks to high-stakes, high-profile litigation; from complex commercial and residential real estate issues to wealth management; from labor and employment law to healthcare; from capital raising and entity formation to corporate growth and expansion locally, nationally and internationally.
The bulletin is intended to help educate investors about the opportunities, and the risks, arising from these offerings.
United States Corporate/Commercial Law
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The Securities and Exchange Commission (“SEC”) recently released a primer for prospective investors that wish to partake in the new crowdfunding regime. As a reminder, starting May 16, 2016, companies can use crowdfunding to offer and sell securities to the investing public.

On February 16, 2016, the SEC’s Office of Investor Education and Advocacy issued an investor bulletin relating to crowdfunded offerings.  The bulletin is intended to help educate investors about the opportunities, and the risks, arising from these offerings.

The alert outlined the limits, which depend on net-worth and annual income:

  • If either your annual income or your net worth is less than $100,000, then during any 12-month period, you can invest up to the greater of either $2,000 or 5% of the lesser of your annual income or net worth.
  • If both your annual income and your net worth are equal to or more than $100,000, then during any 12-month period, you can invest up to 10% of annual income or net worth, whichever is lesser, but not to exceed $100,000.

The bulletin also contains some great examples to illustrate the 12-month investment limit that applies to unaccredited investors under the new rules and also provides some examples, as to help an investor calculate his or her net worth for purposes of determining this investment limit. 

The full bulletin may be found at the following link: https://www.sec.gov/oiea/investor-alerts-bulletins/ib_crowdfunding-.html.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
23 February 2016

SEC Crowdfunding Primer – Regime Starting May 16, 2016

United States Corporate/Commercial Law
Contributor
Lowndes, Drosdick, Doster, Kantor & Reed, P.A. logo
The firm’s original four partners were engaged primarily in a burgeoning real estate practice. While our real estate practice and deep-rooted involvement in that industry remains an integral component of the firm, we have grown alongside the dynamic needs of our clients and community at large. Today, the firm’s lawyers advise clients on almost every aspect of business: from copyrights and trademarks to high-stakes, high-profile litigation; from complex commercial and residential real estate issues to wealth management; from labor and employment law to healthcare; from capital raising and entity formation to corporate growth and expansion locally, nationally and internationally.
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