The Crowdfund Act-What Is It?

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?

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.

Nice Start to the New Year

The Dow is up 5%, the S&P 7%, and the Nasdaq 100 12% in the New Year, continuing the trend from December. The impetus seems to have come from an improving  economy and better jobs reports in the U.S., plus the realization that Greece doesn’t spell the end of the world, whatever the outcome there.

It’s emotionally comfortable to project this trend onto the remainder of the year, but we’ve come pretty far pretty fast since the end of November. Although I feel the U.S. economy can contiue to improve this year, it looks like Europe’s economy is going to struggle some (probably in current market prices,) and there are some troubling signs in China (maybe not in current prices.)

As well, some of the most popular stocks have charts that are starting to look parabolic as others are running up against overhead resistance. There were quite a few poor end of year earnings reports and disappointing outlooks from several CEOs.

Having said all this, large cap, multi-national companies with solid and growing dividends and solid end of year reports are still attractive on pullbacks. Valuations don’t seem to be stretched in several industries like telecom, “old” tech, and healthcare, among others.

Emerging markets have rallied nicely in the past few months, after a bad 2011. It looks like time to trim a little there if you’ve got a full allocation (more than 10% of investable assets.) If you’re underinvested in emerging markets (less than 5%) a substantial (10% or more) pullback would probably be an opportunity since they are still well off their early 2011 highs. A pullback in gold could also be an opportunity as long as it stays above $1500 per ounce.

This is a very good time to go into our 401k accounts and trim laggards and research new funds that may have been added to your plan. Be willing to add to your best funds on market pullbacks. (This process is how you insulate your 401k from multi-year underperformance.)

As always, call or email with questions. Bob

 

Investing in 2012

Although the December rally seems to have stalled just above S&P 1250 (not far from where we started 2011,) there’s been a nice rally  in some big cap recession resistant stocks like food (e.g. Kraft, General Mills,) and drug stocks (e.g. Abbott Labs and Pfizer.)

Some big retailer rallied into the end of the year while others flattened out after the early December lift from the November lows. Tech also flattened out while oil and gas stocks, although not as strong as food and drugs, did pretty well by Santa.

The big market issues facing us in the New Year continue to be:

  • Will Europe’s continued incremental support of its banks and sovereign debt prevent the Eurozone from unwinding.
  • Will some important economies, like the U.S. and China, continue to grow, however slowly, even if Europe goes into recession.

My view is that Europe doesn’t get enough credit in the U.S. financial press for what they have done already to stabilize thier financial system. I believe they will continue to work on it in their slow, incremental way, and the Euro will still be one of the world’s top currencies at the end of 2012.

In the U.S. the job picture doesn’t look much better going into the New Year than it has been in most of 2011, but there are consistent signs of growth in several of the recently announced economic stats, especially manufacturing.

The U.S. consumer came alive in the 4th quarter, although it’s not clear that will continue into 2012. People are still paying down debt and not optimistic about their home values. Most analysts expect the Fed to maintain an easy monetary policy through 2012, as do I.

Europe is China’s largest end market, so if Europe slows down so will China. Too, the property boom in China shows signs of slowing. However, few analysts expect China’s growth rate to slow to the point where it’s a problem, as long as the U.S., China’s second largest export market, avoids recession.

So, global recession concerns and Euro problems balanced by an easy Fed and some U.S. growth seems to be already reflected in stock (and bond) prices, and I don’t see much changing in 2012.

What to do? Dividend yield on stocks bought on market or sector pullbacks have the best chance of providing positive returns in this coming year’s probable environment. The stock groups mentioned above, food, drugs, energy,  would be the first place to look. 

Bonds, having  priced in Fed Policy and a slow economy, offer little return potential in 2012, although they are still an important asset class for diversification.

Some selected short and intermediate term high grade corporate bonds in the banking and deep cyclical sectors, as well as selected muni’s, may offer good entries during the year for both decent yield and some appreciation.

Gold? Hold it if you own it. Buy it on dips if you don’t own enough (5-10% of your investments.)

As always, stops are important, cash is not trash, and stay diversified.

Happy New Year

Looser Local Mortgage Market?

According to my friend David Armstrong, Principal at First Cal Mortgage, one of the smartest guys I know, things seem to be loosening up in the mortgage market:

  • A little bit of easing for credit challenged and low down payment clients.  (Easier for a first time homebuyer than someone self-employed.) 
  • Asset Depletion for Income Qualification loans are available when the borrower does not show much income on their tax returns.  (Assets do not have to be pledged as collateral.) 
  • New home equity lines of credit are available that help accelerate principal payments with rates starting at 3.60%.

Maybe a good time to check in with your mortgage broker/banker if you’ve been looking to refi or establish a HELOC.

 

Good News

The market was up nicely yesterday on good volume. The intra day lows look defensible for awhile.

The first piece of good news from the Fed that sent the market up yesterday was not immediately recognized. Basically, by holding short term interest rates at their current levels for two years, the Fed is signaling that banks, businesses, and especially mortgage lenders can depend on stable rates to provide a relatively safe and stable lending environment.

Secondly, the Fed, in Fed speak, signaled that they stand ready to keep the markets liquid if the going gets tough. These two items don’t signal all clear, especially for the economy, but business confidence could improve, posssibly leading to some new business projects, and maybe even some hiring.

It’s the Economy Stupid

The debt deal got hammered out, and most observers feel that it will pass both houses of congress.

The market started up this mornng but faded on weak economic news. News flow/events continue to control the markets.

We’re therefore still in our 2011 trading range, and will be, until we break S&P 1260-1250 on the downside or 1350-1360 on the upside.

Getting the debt deal passed and/or some better economic news will probably move us up, given that earnings season has been generally good. Seasonality will probably work against us into the fall.

Watch for support to hold in the indices and in your individual positions.  This is your best indicator.

The Fed, the Market, and Your Investments

Fed Chairman says they’ll stay the course with ultra low interest rates, and stocks and precious metals rally through old highs, while bonds and the dollar sink a little more.

What to do:

  • Hold your stocks that are rising with the market and/or are paying solid dividends, and hold your gold and silver related investments.
  • Reduce your positions in lagging stocks, and shorten bond maturities.

Caveat: There are some smart people who think the fall could bring a tightening from the Fed, but without a warning. This would put a damper on stocks, so be sure you’re holding only your best by summer. (Precious metals will probably reverse if there is a whiff of tightening by the Fed.)

What to Do About Gold’s Rally

Gold and related investments have rallied above old highs recently. I see gold not so much as a “fear” trade as I do an inflation trade and a weak dollar trade. Add on top concerns about sovereign debt in the U.S. and Europe and I think we hold on to our gold and silver postions and add to them on weakness.

Germany vs U.S…Manufacturing

Just saw a blog post about German manufacturing. Apparently nearly 40% of their economy is manufacturing related, whereas only 11% of the U.S. economy is manufacturing related. With low unemployment , high profits and high wages and benefits they must be happy they didn’t get the message that manufacturing should go to the lowest cost producer.

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