At
1:35 pm EST today, June 25th, President Obama will speak at Georgetown
University on the growing threat of climate change. He will lay out his vision
of where we need to go to do what we can to address and prepare for the serious
implications of a changing climate. Tune in at whitehouse.gov/live. A video preview is available here.
Given the challenges small businesses and entrepreneurs face in raising capital to help them grow and compete, the crowdfunding concept is a viable solution. Crowdfunding, especially in the context of community-based financing of local projects, has the potential when done correctly to be a very useful tool in opening up access to capital for business. Crowdfunding simply put is raising investment funding in small increments from a large number of people often through Internet marketing.
Current Securities and Exchange Commission (SEC) rules make this type of small dollar investments cost prohibitive due to registration and reporting requirements at both the state and federal level. Since 2010, ASBC has been one of the earliest supporters of crowdfunding as a vehicle for small business to gain access to capital. ASBC has worked on Capitol Hill to insure that the interests of locally-owned small businesses and entrepreneurs are properly served in the development of crowdfunding legislation.
Legislation is moving through Congress that would create a Crowdfunding exemption to the SEC regulations. The House passed the McHenry bill, the Entrepreneur Access to Capital Act (HR. 2930), with an overwhelming bipartisan majority. In the Senate, two bills are pending: Democratizing Access to Capital Act (S.1791) by Sen. Scott Brown (MA) and the CROWDFUND Act (S.1970) by Sen. Jeff Merkley (OR). We applaud the work of both senators.
It is vitally important for any crowdfunding legislation to allow small businesses to pursue maximum investments of $100 or slightly higher from individuals with an aggregate cap on total capital raised in the range of $100,000. Low individual investor limits combined with aggregate caps promote community-based economic support for local businesses while keeping potential investor losses and fraud risks relatively low; these limits allow relatively light SEC oversight.
We understand the argument for making intermediaries optional, since many small business owners and investors are not tech-savvy and may not be comfortable investing via an unfamiliar third-party platform. However, further work is needed to ensure sufficient investor protections without requiring an intermediary. We support strong and enforceable investor protections that won’t unnecessarily restrict the flow of capital within local communities and to local projects.
Because individual state laws on investments pose an obstacle to crowdfunding, the federal law should override state regulations.
Current Securities and Exchange Commission (SEC) rules make this type of small dollar investments cost prohibitive due to registration and reporting requirements at both the state and federal level. Since 2010, ASBC has been one of the earliest supporters of crowdfunding as a vehicle for small business to gain access to capital. ASBC has worked on Capitol Hill to insure that the interests of locally-owned small businesses and entrepreneurs are properly served in the development of crowdfunding legislation.
Legislation is moving through Congress that would create a Crowdfunding exemption to the SEC regulations. The House passed the McHenry bill, the Entrepreneur Access to Capital Act (HR. 2930), with an overwhelming bipartisan majority. In the Senate, two bills are pending: Democratizing Access to Capital Act (S.1791) by Sen. Scott Brown (MA) and the CROWDFUND Act (S.1970) by Sen. Jeff Merkley (OR). We applaud the work of both senators.
It is vitally important for any crowdfunding legislation to allow small businesses to pursue maximum investments of $100 or slightly higher from individuals with an aggregate cap on total capital raised in the range of $100,000. Low individual investor limits combined with aggregate caps promote community-based economic support for local businesses while keeping potential investor losses and fraud risks relatively low; these limits allow relatively light SEC oversight.
We understand the argument for making intermediaries optional, since many small business owners and investors are not tech-savvy and may not be comfortable investing via an unfamiliar third-party platform. However, further work is needed to ensure sufficient investor protections without requiring an intermediary. We support strong and enforceable investor protections that won’t unnecessarily restrict the flow of capital within local communities and to local projects.
Because individual state laws on investments pose an obstacle to crowdfunding, the federal law should override state regulations.