First, thanks so much to my friend and Mexico City attorney Elias Lisbona Jassán of Perez Ferrer Abogados, who co-authored this piece with me. To answer the question in the headline, I think the legal term is “sort of.” This topic, of course, is important not...
Seems like a simple question no? Of course it actually is not. In my third book, The Entrepreneur's Growth Startup Handbook (John Wiley & Sons), an early chapter seeks to provide the surprisingly elusive answer to this query. First I clarify that we are not talking...
As we reported in November, just before the election, the then Republican-controlled SEC approved, in a 3-2 vote, increases in the maximum a company can raise under Regulation Crowdfunding (to $5 million) and Regulation A+ (from $50 to $75 million). The increases were due to...
It has taken almost 20 years, but the SEC has proposed a multi-tiered approach to allowing "finders," who are not registered with broker-dealers, to raise money for private companies without being registered. This is especially important for smaller companies that do not get the attention...
After years of endless discussion, the Securities and Exchange Commission just announced an expansion of the definition of "accredited investor" under SEC rules and Regulation D in particular. Many companies, both public and private, who seek private investments limit their offering to accrediteds primarily because...
Originally pioneered in the 1990s, special purpose acquisition companies, or SPACs, have gone in and out of Wall Street favor since. Currently enjoying a renaissance, SPACs are public companies that raise money then seek a private business that wishes to go public and access the...
In comments last week, Governor Andrew Cuomo (D-NY) has called for a multi-lateral meeting with his counterparts in neighboring states, including New Jersey, Connecticut and Pennsylvania, to discuss legalizing adult use of cannabis. As reported by Politico, the Governor noted, “The federal government is doing nothing, what...
A few months ago, a real estate company brought an action against the Securities and Exchange Commission, and apparently the SEC now has been served in the case, known as Platform Real Estate, Inc. vs. United States Securities and Exchange Commission. The federal case was...
The last few months have witnessed a number of dramatic developments for American companies seeking capital in the fast-growing cannabis industry. In total, these changes portend greater access to funding for these companies. Here is more on these notable deals. (Note: none of the companies...
Last month, the Nasdaq quietly submitted a proposal to the SEC regarding Regulation A+. It is simple enough to quote: "Any Company listing on Nasdaq in connection with an offering under Regulation A of the Securities Act of 1933 must, at the time of approval...