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Showing posts with the label Reg CF

OTC stocks more difficult to trade and deposit

  Mina Mar Group helps micro-cap companies structure their growth. Micro-capitalized companies are those with less than $50,000,000 in equity, sometimes under $1,000,000. Restructuring involves raising money (both debt and stock), and planning how they will eventually harvest that wealth. If you’re a founder or investor, the secret to harvesting your equity is to possess assets with a developed market for their sale; up until recently, that market was the public market. Now, Over-The-Counter Securities (“OTC Securities”) don’t serve that purpose since, unless you’re a tech unicorn doing an IPO, there are essentially no ways to sell the shares you’ve invested in. OTC securities – how they were deposited five years ago. Brokerages all around the country have tightened compliance over the past five years to the point where no one may deposit share certificates into their brokerage accounts, even if they can prove that they paid for them. Consider the following demand from a secondary ...

Why is Jobs Act important?

Jumpstart Our Business Startups Act or JOBS Act is a law that former president Barack Obama signed on April 5, 2012. The purpose of the act is to increase ability of small businesses to raise capital and generate jobs but also improve financial opportunities for all American citizens and not just wealthy investors. Of all seven titles of the bill Title III that refers to crowdfunding drew most attention. Provisions of the bill made easier for companies go public but also to raise capital and stay private longer. Act defined the term emerging growth company as a company that has less than $1 billion total annual gross revenue in recent fiscal year. The JOBS act provided such businesses with temporary relief from certain SEC requirements which made taking your company public a lot easier. The most significant relief are the exemption from audit of internal controls required under Section 404(b) of the Sarbanes-Oxley Act of 2002. It allowed new exemptions from registratio...

Difference between Crowdfunding and Reg A+

On April 5, 2012, the Jumpstart Our Business Startups (JOBS) Act   was signed into law by President Barack Obama. The Act required the SEC to write rules and issue studies on capital formation, disclosure, and registration requirements. Both Title III (Crowdfunding) and Title IV (Regulation A) help businessman raise capital from accredited and non-accredited investors.The difference between these regulations are connected with amounts of money that they are trying to raise, investor  and offering details, filings and disclosures. Regulation Crowdfunding, also known a Title III of JOBS Act was adopted in May of 2016 as a way to reduce regulatory restriction so making it possible for companies to raise capital from both accredited and non-accredited investors. Companies that want to raise $1,070,000 or less can now raise it trough crowdfunding portals. If this is the case with your company there are some requirements that you need to meet. Company must be U.S. base...

Crowdfunding guidelines

U.S securities-based crowdfunding under Title III of the JOBS Act created a new exemption from registration for internet based securities offerings of up to $1 million over a 12 month period. The SEC adopted securities-based crowdfunding rules on October 30, 2015. Issuers were able to use the new exemption beginning May 16, 2016, when the final rules became effective. Regulation Crowdfunding enables eligible companies to offer and sell securities trough crowdfunding. Who are eligible issuers? Only U.S companies not registered with SEC are allowed. Investment and blank check companies are restricted. On the other hand there are no restrictions on eligible investors, both accredited investors and retail investors can participate but they have maximum limits per investor depending on their income and net worth. They have annual limits, if their income or net worth is less than $100,000 than limit is 5% of it and if it is above $100,000 it is 10%. Very limited resales of secur...

Raising Capital with Reg A

As a response to the 2008 nationwide housing market crisis, congress passed the "Jumpstart Our Business Startup Act"  (JOBS Act) on April 5, 2012. Regulation A existed prior to the JOBS Act it was primarily focused on a small businesses and often went unused because of the $5 million offering limit.Updated Regulation A, sometimes called Reg A+ allowed more flexibility and higher raises in capital. Regulation A  (Reg A) is an exemption from registration requirements instituted by the Security Act of 1933. Companies utilizing exemption are given certain advantages over companies that must fully register. This allows qualifying companies to raise capital from the public without taking an excessive cost and legal  requirements needed for a traditional IPO. Originally the offering was exempt under Reg A if the securities sold in year value 5 million or less, the issuer files offering statement with the SEC, the issuer must give buyers documentation s...