The Crowdfund Act-What Is It?
April 30, 2012 Leave a comment
In early April President Obama signed the JOBS (Jumpstart Our Business Startups) Act into law, after it passed both houses of congress by a wide margin. Among other provisions to ease the restrictions on “small” business access to capital, is the Crowdfund Act.
I feel that this new law can have a profoundly positive affect on business startups, established local businesses, local economies, and jobs. So, although this post is not directly related to investing or financial planning, it’s potentially an important economic development.
The Crowdfund Act allows small investors to invest in U.S.based startups and established businesses with less than $5 million in annual sales. Each business is allowed to raise as much as $1 million during any twelve month period through SEC approved crowdfunding portals.
Under crowdfunding regulations (to be completed by the SEC by January 2013) individual investments in any one crowdfund issuer are limited by income or net worth. Investors earning less than $100,000 per year will be limited to the greater of $2,000 or 5% of their annual income or net worth. Investors earning more than $100,000 will be limited to 10% of their annual income or net worth up to a maximum of $100,000
Crowdfunding transactions must be conducted through a broker or funding portal that has registered with the SEC and any applicable self-regulatory organization. The intermediaries will play an important gate keeping role in crowdfunding transactions, and will have significant responsibility for preventing issuer fraud and protecting investors.
These responsibilities include educating and screening potential investors, taking appropriate action to reduce the risk of fraudulent transactions (including checking the background of the issuer and its insiders), providing disclosure to the SEC, ensuring that the issuer does not receive any investors’ money until the target offering amount has been raised, and taking steps to ensure that investors do not purchase more than their annual limit of securities of the issuer.
Issuers making a crowdfund offering must disclose the amount of money they intend to raise. Investors will be able to rescind their commitments if the issuer does not reach this target.
Go Away in May…Or Maybe April?
April 10, 2012 Leave a comment
Although Apple and a few other money magnet stocks are holding up, most other stocks and most sectors are starting to weaken technically. If Apple starts to sell off we’ll probably get an accelerated market selloff.
Seasonality says we stay weak through spring and summer, but Q1 earnings will set the tone for the slow months. At the end of this week we get Google and JP Morgan earnings. These should be pretty good “tells” for where the market goes in the near term.
If Spain’s debt problems cause more general weakness in U.S. markets, it may create opportunities to buy some of our best U.S. companies that are stuffed with cash and well positioned in global markets.
What to do? Clean out underperformers. Trim position size in big gainers. Make a shopping list of stocks/funds you want to buy or add to if they get cheap.
Filed under Investment Management, Markets Commentary Tagged with economy, market, stock, technology