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Continuing my ongoing coverage of the state of equity crowdfunding, news is just out that a Republican bill proposing that crowdfunding be allowed will get support from the White House. This is not too surprising given the White House recently explicitly supported crowdfunding in the context of the Obama Jobs bill, but is still a relief given there is not much Congress seems to be able to agree on these days.

The bill summary says:

Entrepreneur Access to Capital Act – Amends the Securities Act of 1933 to exempt from the prohibitions against use of interstate commerce and the mails for sale or delivery after sale of unregistered securities, including unregistered security-based swaps, any transactions involving the issuance of (crowdfunded) securities for which: (1) the aggregate annual amount raised through such issue is $5 million or less; and (2) individual investments in the securities are limited to an aggregate annual amount equal to the lesser of $10,000, and 10% of the investor’s annual income.

Authorizes an issuer to rely upon certifications provided by investors.

Amends the Securities Exchange Act of 1934 to exclude persons holding crowdfunded securities under this Act from application of “held of record” requirements with respect to mandatory registration of securities.

Amends the Securities Act of 1933 to exempt such crowdfunded securities from state regulation of securities offerings.

This is good model, with a very reasonable limit of $10,000 or 10% of an investor’s income rather than the $100 investment that some have suggested, and relaxation of requirements that would be burdensome when you have many small shareholders.

I still believe my ‘betting on success’ model of crowdfunding is a viable and useful additional approach to crowdfunding, however even better if true equity crowdfunding is enabled as well.

As I have written before, this could open the gates to a new structure of capitalism. And it might also boost the economy and create jobs in a meaningful way, which seems a worthwhile outcome.

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  • http://www.cognation.net deancollins

    $5m is a fairly significant chunk to build almost most startups

    Wonder how long this is likely to take to pass through congress.Ross, any desire for Australians to push something similar through?

    • http://www.rossdawsonblog.com Ross Dawson

      Yes this is good. Not an expert on Congressional process, but I believe few months?

      Entrepreneurs are talking about it – a little – in Australia, but I have heard nothing about legislative moves.

  • http://www.howardgreenstein.com/blog Howard Greenstein

    Thanks Dean for bringing this post to my attention. Ross, great writeup. I think a little digging may be in order.

    • http://www.rossdawsonblog.com Ross Dawson

      Let me know anything you learn!

  • Guillaume Desclee

    Thanks for this article! Legal issues are a real nightmare for crowdfunding platforms. We are working on in in Europe too. In march 2012 I am launching a crowdfunding website for startup that allow private investors to invest from 100€ into the equity of the startup of their choice. http://www.mymicroinvest.com – I’ll let you know. Regards, Gui

    • http://twitter.com/PhotoHand PhotoHand

      The problem with mymicroinvest.com is the screening bit. This opens the door to croneyism that is already a problem in the funding market.

  • http://twitter.com/PhotoHand PhotoHand

    We put our capital-raising effort on hold in the hopes this will pass through.

  • http://www.Fundable.com Startup Junky

    Ross, great coverage of this bill. Legally, it will definitely be a hassle but well worth the benefits it will result in for entrepreneurs nationwide. 

    Eric

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Ross Dawson is globally recognized as a leading futurist, entrepreneur, keynote speaker, strategy advisor, and bestselling author. He is Founding Chairman of AHT Group, which consists of 3 companies: consulting, publishing, and ventures firm Advanced Human Technologies, future and strategy firm Future Exploration Network, and events company The Insight Exchange.

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