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ARTICLE · 04 MAY 2017

Use Caution When Evaluating Crowdfunding Deals

In May 2016, the Securities and Exchange Commission (SEC) began allowing private companies to raise as much as $1 million per year from everyday investors. How?

United StatesCorporate/Commercial Law

In May 2016, the Securities and Exchange Commission (SEC) began allowing private companies to raise as much as $1 million per year from everyday investors. How? The SEC approved the use of online "crowdfunding" platforms run by intermediaries to carry out the mandate under the Jumpstart Our Business Startups (JOBS) Act. Here's a closer look at the mechanics of crowdfunding, the reporting requirements based on the size of the company and the market's response to crowdfunding in its first year.

The basics

Historically, the SEC has allowed private companies to solicit capital only from "accredited" investors, which are people with net worth of at least $1 million (excluding the value of their primary residences) or annual income of more than $200,000 per individual (or $300,000 for married couples). Online solicitations to these wealthy individuals were required to come from SEC-registered intermediaries.

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