The Proposed Crowdfunding Rules for Non-Accredited Investors and the Potential Associated Costs for Small Issuers

Publication Date

4-24-2015

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Securities and Exchange Commission (SEC), Jumpstart Our Business Startups Act of 2012 (JOBS Act), § 227.201(t), Crowdfunding, Non-accredited investors, Small issuers, Crowdfund CPA, Generally Accepted Accounting Principles (GAAP)

Abstract

We are discussing possible rulemaking for equity crowdfunding under the JOBS Act. One of the overall issues with the Proposed Crowdfunding Rules before the Securities and Exchange Commission (“SEC”) is the potential cost to those small issuers who might seek to take advantage of raising money through this type of offering. For an issuer that plans to raise $100,000 or less, the requirement that the principal executive officer certifies the financial statements as true and correct does not create an added expense. While it is difficult to pinpoint the actual cost of a financial statement review or audit because each issuer, its business, and financial condition is unique, what is abundantly clear is that requiring an issuer to undertake a review or an audit under the Proposed Crowdfunding Rules could be quite cost prohibitive.

Rights Holder

Stacey L. Bowers

Language

English (eng)

Publication Statement

Copyright is held by the author. User is responsible for all copyright compliance.

Publication Title

The Race to the Bottom



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