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The JOBS Act: Crowdfunding for Small Businesses and Startups

Book Description

On April 5, 2012, President Barack Obama signed the Jumpstart Our Business Startups Act, better known as the JOBS Act. The act is designed to "reopen American capital markets to small companies," defined in the act as Emerging Growth Companies. This is one of the most significant legislative initiatives in finance since the Securities and Exchange Acts of 1933 and 1934, and it opens up funding to a slew of companies previously shut out of the capital markets.

Here's the good news: Small businesses and startups will be able to raise up to $1 million in equity (or debt) funding online via what are called Crowdfunding Platforms—online communities and websites. Imagine an eBay-like site that allows you to post your idea for a commercial venture online and then allows investors to purchase equity shares or stakes in it. As one journalist put it, it's "social media meets venture capital."

How can you get in on the new funding opportunities? That's what The JOBS Act: Crowdfunding for Small Businesses and Startups is all about. Investment expert William

Michael Cunningham shows how the new law will enable you to use the internet to raise significant amounts of capital funding for your startup. After discussing briefly the development and implementation of the law, what it means, and how it will impact the business startup marketplace, he delivers the nuts and bolts of how to take advantage of the JOBS Act to access new sources of capital for your small business or startup. As you'll see, the act has the power to unleash a new wave of innovation, increase employment, and set many more average entrepreneurs and investors on the road to wealth.

Not just for entrepreneurs, The JOBS Act: Crowdfunding for Small Businesses and Startups will benefit investors, securities lawyers, community development specialists, educators, venture capitalists, and those offering services in the new crowdfunding arena. It is, simply, the most current and most comprehensive compendium of information on the law and its impact on this new market.

What you'll learn

  • What the JOBS Act is and why it's needed

  • The JOBS Act's definition of "crowdfunding," "crowdfunding platforms," and "emerging growth companies"

  • How to get up to $1 million through crowdfunding

  • The risks and rewards of taking advantage of JOBS Act

  • How to stay on the right side of the law when soliciting funds

  • How to identify and deal with reliable crowdfunding platforms and companies

  • How businesses owned by women and minorities can raise new capital, as well as those now shut out of the capital markets (restaurants, day-care centers and others ignored by finicky venture capitalists and skittish bankers)

  • How investors can identify opportunities, avoid fraud, perform due diligence, and then make an intelligent investment

Who this book is for

The JOBS Act: Crowdfunding for Small Businesses and Startups is for people who are wondering how the JOBS Act can help them finance their dreams, for the small-business executive seeking capital, for the community development executive seeking to finance community businesses, and for executives at large companies wondering about the impact the act might have on their firm. It's also for investors who need to understand the risks involved in buying equity in small firms, angels and venture capitalists who must understand the nature of the new kid on the funding block, and securities lawyers and other advisors and consultants to start ups. The JOBS Act: Crowdfunding for Small Businesses and Startups is an excellent choice for people who need to understand the nuts and bolts of new business opportunities that will be generated by the Act.

Table of Contents

  1. Titlepage
  2. Dedication
  3. Contents
  4. About the Author
  5. Acknowledgments
  6. Introduction
  7. Part I: Summary of the JOBS Act
    1. Chapter 1: The JOBS Act
      1. Increased Capital-Raising Allowances
      2. Exemptions from Certain Reporting Requirements
      3. Funding Portals
      4. Portal Requirements
      5. Investment Restrictions
      6. Requirements for Issuers
      7. Important Definitions
      8. Summary
    2. Chapter 2: Startup Financing Environment
      1. Declining Startups
      2. Impact of the Market Crisis on the IPO Market
      3. Comparing the United States to China
      4. Housing Crisis Thwarting Startups
      5. What the JOBS Act Does
      6. From Which Regulations Are EGCs Exempt?
      7. Summary
  8. Part II: Disclosure and Crowdfunding in the JOBS Act
    1. Chapter 3: Emerging Growth Companies
      1. Crowdfunding Examples
      2. Summary
    2. Chapter 4: Accounting, Reporting, and Other Standards in the JOBS Act
      1. Reporting Requirements the Act Relaxes
      2. Advertising and General Solicitation
      3. SOX Conflict of Interest Provisions Still in Force
      4. Accredited Investors
      5. Crowdfunding: What EGCs Must Report
      6. Registration with the SEC
      7. Summary
    3. Chapter 5: Crowdfunding
      1. What Is Crowdfunding?
      2. Crowdfunding in the JOBS Act
      3. Income and Investment Limits
      4. Nature of the Innovation
      5. Advantages of Crowdfunding
      6. Drawbacks of Crowdfunding
      7. A Charitable Word
      8. How to Crowdfund
      9. How to Get Started
      10. Creating a Solicitation
      11. Summary
    4. Chapter 6: Portals
      1. What Is a Portal?
      2. Responsibilities of Portals
      3. A Word of Caution
      4. Transferring and Trading Crowdfunded Securities
      5. A Tale of Two Portals
      6. Summary
  9. Part III: The JOBS Act, by Title
    1. Chapter 7: Title I
      1. Title I
      2. Analysis
    2. Chapter 8: Title II
      1. Analysis
    3. Chapter 9: Title III
      1. Analysis
    4. Chapter 10: Title IV
      1. Analysis
    5. Chapter 11: Title V
      1. Summary
    6. Chapter 12: Title VI
      1. Analysis
    7. Chapter 13: Title VII
      1. Analysis
      2. Crowdfunding and Status as a Minority- or Women-owned company
    8. Appendix
      1. Securities Act of 1933
      2. Securities Exchange Act of 1934
      3. Dodd-Frank, Section 342
      4. PUBLIC LAW 107–204—JULY 30, 2002: Sarbanes-Oxley
      6. Sarbanes-Oxley:
      7. Regulation D
      8. Section 229.301 of Title 17, Code of Federal Regulations.
  10. Index