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.
What Divergence?
March 13, 2012 Leave a comment
A week ago my post was about market technical indicators that seemed to be pointing to a pullback in the market. Some industry groups like energy, basic materials and transportation are still weak, but many other groups seem to be recovering their mojo. Some, like tech, healthcare, and retail, are now trading at new 52 week highs.
Good economic news and an easy Fed continue to make life difficult for those (like me) who have felt the market needs a rest. Although trading volume is low and the advance/decline line is not robust, the market does not want to go down. It seems to be the classic “Wall of Worry” condition where too many funds are caught on the wrong side of the market and are forced to buy.
Bottom Line: Can’t fight an easy Fed or a market with an unbroken trend. Trimming laggards and taking profits on partial positions is still smart, but selling aggressively or buying extended stocks aggressively probably isn’t.
Filed under Economy, Investment Management, Markets Commentary Tagged with economy, market