The Accredited Investor Definition: Let’s Not Index it to Inflation

The first bill out of the new Congress next year might set the accredited investor definition to adjust with inflation. As the bill is currently drafted, every 5 years the financial thresholds would go up based on inflation. The bill is called the Financial Choice Act. You can find it here. I think this is … Continue reading The Accredited Investor Definition: Let’s Not Index it to Inflation

Indexing the Accredited Investor Standard to Inflation: A Bad Idea

Now that the election is over, it is unclear, at least to me, which direction startup public policy will take. It is in all of our best interests that we have a startup public policy that promotes innovation and creativity. Too often we have laws that slow us down, impede us, or flat out make … Continue reading Indexing the Accredited Investor Standard to Inflation: A Bad Idea

Accredited Investor: Two Tier System Coming?

The staff of the SEC has issued its report on the definition of “accredited investor.” It could be what we are looking at is the following: a “super accredited investor” definition (credit to Bill Carleton for coining this term), and the current definition–but if you don’t qualify as a “super accredited investor” you will be … Continue reading Accredited Investor: Two Tier System Coming?

The Two Definitions of Accredited Investor

You may not be aware, but the federal securities laws contains two definitions of the term accredited investor. One definition is helpful to startups, and the other is not. The definition of accredited investor that is helpful to startups is found in Regulation D. Rule 506 of Regulation D is the securities law exemption used … Continue reading The Two Definitions of Accredited Investor

Accredited Investor: Let’s Let People Test In

The idea that you can “test in” to accredited investor status is gaining momentum. Rep. Schweikert (R-Ariz.) has introduced a bill that would do just that. His bill has passed out of the House Financial Services Committee and is apparently headed to the floor of the House. You can track the progress of the bill … Continue reading Accredited Investor: Let’s Let People Test In

Accredited Investor: Your Chance to Comment

The SEC staff has issued its first report on the definition of the term “accredited investor.” Dodd-Frank requires the SEC to review and report on the definition of “accredited investor” every four years: to determine whether the definition should be modified or adjusted for the protection of investors, in the public interest, and in light … Continue reading Accredited Investor: Your Chance to Comment

Secondary Sales and An Investor Covenant You Don’t Want To Miss

If you are investing in early stage companies, there are certain deal terms you want. Most you probably know already: if it’s a round of convertible notes, you want a discount and a cap; if it’s a priced round, you want a liquidation preference. Etc. But there is a new thing you need to add … Continue reading Secondary Sales and An Investor Covenant You Don’t Want To Miss

Token Sales & The Risk Capital Test

By Evan Jensen and Joe Wallin and Jordan Rood If you are considering token sales and selling blockchain tokens in the U.S., you not only have to worry about the U.S. federal securities laws (see the latest from the SEC here), but also the laws of each state within the U.S. in which you sell … Continue reading Token Sales & The Risk Capital Test

A Good Day For Equity Crowdfunding

Yesterday was a good day for equity crowdfunding. Washington Governor Jay Inslee signed into law Washington HB 1593. This bill will make it easier for companies in Washington State to use Washington’s equity crowdfunding bill. If you like, you can watch the bill signing ceremony. Thank you Governor Inslee,┬áRepresentatives Brandon Vick (R-Ridgefield) and Steve Kirby … Continue reading A Good Day For Equity Crowdfunding

Washington State Equity Crowdfunding Update

Good news! Senators Fain and Mullet have sponsored SB 5680 in the Washington State Senate. This is the same bill as HB 1593 in the House. The bill would make important technical improvements to Washington State’s equity crowdfunding law The highlights of the bill include: Allowing Delaware corporations to use Washington State’s equity crowdfunding law. … Continue reading Washington State Equity Crowdfunding Update