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Holy Grail of Regulated Crowdfunding

Travelling around the world gives you great perspective on many things.  From the people, culture, food, and market, to how everyone has their own way of getting things done. I spent the tail end of 2015 in airports and on airplanes travelling around the world to speak at conferences, and it has fundamentally changed my perspective on many things.

I had a system when I was travelling.  Each time that I was called on to speak in a new country, I’d begin by studying local securities regulations – how they work, what you can and can’t do, and what the limitations of each set of rules is. I was speaking as an expert in equity crowdfunding, but also taking it as an opportunity to become a student of the countries I was speaking in.  I wanted to bring a truly global perspective home, and bring international insights back to North America on what regulated crowdfunding looks like around the world.

Regulated Crowdfunding is a global phenomenon, everyone is curious as to what other countries are doing to grow it and control it.  It’s only natural. Very few technological innovations are “born global” but this is one.  Equity and debt crowdfunding have spread like an epidemic.

Today there are thousands of regulated crowdfunding portals on every continent. Capital markets have changed more in the past ten years than in the one hundred years preceding, and the impact of this change is exponential.

Currently, many countries still only allow accredited investors to invest in private companies via the regulated crowdfunding portals.  The accredited investor exemption is great because there are no limits for the company or the investors, but this is still constraining the pool of potential investors to a fraction of what it is in countries that have opened things up and empowered the crowd.

We also have countries that allow non-accredited investors to invest, but the regulators limits how much can be invested and how much companies can raise. Clearly this is not what the visionaries and originators of crowdfunding had envisioned, but we must understand that you have to crawl before you can walk, and walk before you can run.

So it’s obvious the Holy Grail in Regulated Crowdfunding is allowing a company to raise unlimited capital, non-accredited investors to invest and low regulatory reporting requirements.

Nowhere in the world does this exist except in one country: Canada.

Canada is the only country at the moment that has the Holy Grail of Regulated Crowdfunding.  It allows Canadian and foreign companies to raise unlimited capital from Canadian and foreign non-accredited investors. Canada has had the best piece of regulated crowdfunding regulation in place long before regulated crowdfunding even existed.

The rest of the world needs to see this model and learn from it. They should see how it works, and see how they can adopt similar measures in their jurisdictions.  Canada has done a great job with this exemption, termed the Offering Memorandum, and it needs to be appreciated for all it can do.  For those that want to increase their limits for both companies and investors look no further come and speak to the Canadian regulators.

The Holy Grail is here.

Its great to be Canadian eh !!

It’s an exciting time to be in Canada. On March 20, 2014, the Canadian regulators proposed 4 ways that companies can raise capital in Canada via equity crowdfunding, and more importantly 4 ways investors can invest. This is a great start!!!

There is no longer going to be the issue of a investment gap in Canada. With the 4 proposed regulations companies now have options to raise capital during each stage of their company’s development.

Canada is the only country in the world that allows 4 types of equity crowdfunding regulations. Canada might have been late getting in the game but they are coming out with a bang!

The info graphic illustrates the <strong>four (4) proposed equity crowdfunding</strong> regulations.

No other country in the world today, offers this many choices to investors, companies and equity portals for accessing capital.

<strong>Option 1</strong>, the accredited investor exemption is similar to the rules in the USA, and other countries around the world. This exemption applies all across Canada.

<strong>Option 2</strong> the Offering Memorandum (OM) is very unique exemption to Canada.. This allows companies to raise capital from non-accredited investors with a specified disclosure document and risk acknowledgement requirements.

<strong>Option 3</strong> the Equity Crowdfunding exemption allows companies to raise up to $1.5Million annually, and investors have limits on how much they can invest. This option is also limited to certain provinces in Canada.

<strong>Option 4</strong> the Start up exemption allows anyone within the provinces that are adopting this exemption to raise up to $150,000 every 6 months, and investors have limits on how much they can invest.

With all these choices, these are very exciting times for Canadians. It is important for anyone interested in Equity Crowdfunding to make sure they receive proper advice from their legal counsel, accountants and board of directors on the most effective equity crowdfunding strategy for your company to raise capital.

To learn more about what is happening in Canadian Equity Crowdfunding Sector, follow Equity Crowdfunding Alliance of Canada (ECFA Canada) https://www.ECFACanada.ca.

Don’t miss this opportunity to learn about equity crowdfunding. <strong>FREE eBook</strong> on Equity Crowdfunding to get you started.

Equity Crowdfunding Eco-System

Like any new business sector you need to look at the entire eco-system to understand how it works. Back in 2003 I had the pleasure of been given a great education from one of the leading VC firms about eco-systems. During the meeting the VC expressed an interest in our opportunity but provided us a scenario as to why he would not invest in our company. He walked us through all that would be needed to build a billion dollar company, and money was only just one point. He explained that a company is part of a eco-system and all of it needs to be there for it to succeed (customers, suppliers, investors, educations, workforce, research, etc..). Since that day each business I begin I build an eco-system to make sure I am on the right path.

Equity Crowdfunding has an eco-systems and its very important that everyone understand all the pieces and how they work together.

The following image provides an overview of the equity crowdfunding eco-system (investors, issuers, 3rd party providers, equity portals, regulators).

Let’s examine this eco-system.

The first important understanding is that Equity Crowdfunding works in a highly regulated environment determined by the country or state/province involved.

Securities Commissions are charged by the local government to implement laws providing detailed regulations, monitor and provide oversight and intervene when necessary with fines, penalties and sanctions. In short, to keep things on the straight and narrow – to regulate who can invest and how a qualified company (issuer) can participate. The primary goal is to protect investors and ensure a straight forward market place.

A great example is the Jobs Act Title II & Title III in the United States. It provides a clear path who can invest, how to invest, how an Equity Crowdfunding portal needs to operate and how the issuer can access capital.

There are two types of investors that can invest in equity crowdfunding:

Accredited investors are those investors deemed by the securities commissions to be high net worth individuals who would not be catastrophically impacted financially if an investment in a company seeking funds through Equity Crowdfunding fails. Each country has its own parameters but roughly the top 3-5% of a country’s population would qualify. Typically, issuers and the Portal must confirm qualification with the local securities rules.

Non-Accredited investors are the “rest-of-us”, the rest of the country’s population that do not meet the requirements to be registered as an accredited investor.

Equity Crowdfunding portals bring companies and investors together in a secure cloud computing platform. There are portals providing investment opportunities for accredited investors and non-accredited investors. Equity Portals will also vary on size of offerings and vertical industry sectors.

Issuers (i.e. the company) exchanges shares (securities) for investors’ money via a selected equity crowdfunding portal. Currently in most North American jurisdictions only accredited investors can invest in Equity Crowdfunding (with some exceptions).

In a nutshell, equity crowdfunding is a new method of seeking financing that allows companies of all sizes (including startups) to raise funds through secured online platforms, giving them access to large numbers of qualified investors.

Equity Crowdfunding gives companies (issuers) an attractive option for raising funds, and provides investors with the possibility of a return on their investment.

Contact me if you are interested in FREE eBook on Equity Crowdfunding. www.OscarJofre.com