Jobs Act Title III Impact – Jobs Act Summary - Crowdfunding News (2024)

2015 has proven to be wild ride for investors, with game-changers such as the passing of Title III of the JOBS Act in October, Fundrise’s launch of a new “e-REIT” and the crowdfunding fraud suit filed by the SEC against the company Ascenergy – to name just a few.

As this year’s events have shown, crowdfunding and other forms of alternative finance are quickly redefining the capital market as we know it, by granting investors unprecedented access to previously exclusive markets. And with the passage of Title III, the crowdfunding’s reach has been expanded even further to include non-accredited investors. Under the new rules, non-accredited investors can participate on crowdfunding platforms by helping companies raise up to $1M in a 12-month period.

So how will this impact existing platforms that already offer investment opportunities to accredited investors?

Platforms that were operating before Title III came to fruition can keep providing their accredited investors with pre-vetted deals.The difference, however, will now lie in the platforms’ vetting process.

Title III allows for companies to post projects directly on crowdfunding platforms, so the vetting of deals will be largely done by investors instead of the platforms pre-vetting the deals before offering them on their site.

EnergyFunders, for example, the first platform to offer global and national participation in the “small oil” market, plans to continue offering pre-vetted deals to its accredited investors – the method that led to $1.8 million in deals since our company’s recent launch. But we also plan on expanding a new site at the same time, specifically a Title III compliant platform for non-accredited investors.

But even more so, what all will Title III entail, and how will we see the crowdfunding change as a result in 2016?

Investor eligibility will be simple.

If you earn less than $100,000 and your net worth is less than $100,000, then you can invest the greater of $2,000 or 5% of annual income or net worth.

If annual income and net worth are equal to or over $100,000, investors can participate at 10% of their annual income or net worth, whichever is less.

If you are an accredited investor, you can also participate in platforms operating outside of Title III that cater only to accredited investors.

The rules will promote niche platforms.

SEC rules require that Title III platforms for non-accredited investors provide channels to discuss investment opportunities listed on the platform. For Title III listing platforms, this means that knowledgeable industry professionals may comment publicly on the viability of certain projects being offered.

Without the platform itself vetting projects, this public vetting process is critical. In fields like energy, there are numerous, well-educated professionals who may not make the cutoff to be accredited investors but nevertheless wish to spend their time helping vet projects and invest in Title III accessible projects. Many accredited investors may also enjoy the benefit of diversifying with smaller buy-ins across many crowdfunding projects and enjoy finding the good deals, eliminating the bad deals, and sharing their opinions with other would-be investors.

In this manner, the wisdom of the crowd guides investments on a Title III platform for non-accredited investors. But, it’s a crowd. It’s not a mob. On industry specific crowdfunding platforms, the wisdom of the crowd will include many diverse technical and non-technical professionals.

In energy, for example, multi-disciplinary teams are needed to vet projects. A platform like EnergyFunders attracts engineering, geology and legal professionals to the site, all of whose skill sets are necessary to properly vet a project. The opportunity to contribute to smaller projects in their niche skill sets previously reserved for multi-billion dollar employers will be a strong draw for oil and gas professionals particularly.

Crowdfunding Platforms as Knowledge Hubs

In this manner, the specialized crowdfunding platforms can emerge as knowledge hubs in 2016. Rather than having one platform that covers real estate, oil and gas, bio-technology, app start-ups, and every other field under the sun, crowdfunding experts can expect to see the emergence of industry specific platforms like EnergyFunders which focuses on energy, starting with oil and gas.

With the passage of Title III, crowdfunding now has power to completely disrupt the status quo of investments. So today, the question is no longer if platforms have long-term viability, but how platforms are going to permanently change the entire industry for good.

Other advice for startups seeking funding:

The Tax Implications of Equity Crowdfunding in the U.S.Crowdfunding Your Way To SuccessLift-Off for UK Equity CrowdfundingWhy the Accelerator Model needs to be Disrupted for Robotics Startups

Philip Racusin

Philip Racusin is the Chief Executive Officer (CEO) and co-founder of EnergyFunders, an online marketplace that connects qualified investors to nationwide, small cap oil and gas projects managed by proven operators. A seasoned litigation attorney, Philip currently serves as a senior associate of Pagel, Davis & Hill, P.C., where he has successfully represented clients, ranging from individuals to large companies, in a variety of legal disputes for nearly a decade. He also launched several startup ventures prior to EnergyFunders, including a legal technology company that totaled over 50,000% ROI in one year. Both a savvy entrepreneur and accomplished litigator, Philip fuses legal expertise with astute business knowhow to navigate the oil and gas industry’s regulatory waters and carefully pre-vet each project offered through the site.

Jobs Act Title III Impact – Jobs Act Summary - Crowdfunding News (2024)

FAQs

Jobs Act Title III Impact – Jobs Act Summary - Crowdfunding News? ›

Title III is the section of the JOBS Act that lets startups raise money from non-accredited investors publicly. Previously, you had to have an income of more than $200,000 a year and a net worth of at least $1 million. With Title III of the JOBS Act, anyone can now technically invest via equity crowdfunding.

What is Title III crowdfunding? ›

Title III crowdfunding is most commonly referred to as Regulation CF (Reg CF). In these offerings, issuers can raise up to $5 million every 12 months from non-accredited and accredited investors.

What is the use of crowdfunding under the JOBS Act? ›

Title III of the JOBS Act established crowdfunding provisions that allow early-stage businesses to offer and sell securities. The SEC subsequently adopted Regulation Crowdfunding to implement the crowdfunding provisions of the JOBS Act.

What is the rule 147 for crowdfunding? ›

Rule 147 is a rule that can be used by a company to raise funds without actually registering with the Securities and Exchange Commission (SEC).

What was the result of the JOBS Act? ›

The JOBS Act substantially changed a number of laws and regulations making it easier for companies to both go public and to raise capital privately and stay private longer.

Do you have to pay back crowdfunding? ›

Donation crowdfunding: Donation crowdfunding does not require the recipient to repay the funds. This crowdfunding type is typically geared toward charities and nonprofits. Debt-based crowdfunding: With debt-based donations, you'll repay the money with interest.

Do you get money from crowdfunding? ›

Depending on the type of crowdfunding, you could potentially earn returns on your investment via equity (growth in share value) or interest (if using P2P lending), or you might simply receive other perks or benefits.

Who benefits from crowdfunding? ›

In crowdfunding, investors can get a chance to make money from startups and new entrepreneurs. However, before they dedicate money to investment crowdfunding, they need to know what benefits they can get. The benefits of crowdfunding for investors include profitable investments, broadened investment portfolios, etc…

Who is eligible for crowdfunding? ›

Anyone can invest in a Regulation Crowdfunding offering. Because of the risks involved with this type of investing, however, you may be limited in how much you can invest during any 12-month period in these transactions. If you are an accredited investor, then there are no limits on how much you can invest.

Where does crowdfunding money go? ›

In a crowdfunding campaign, the money goes to the campaign organizer, not directly to the people or the cause it's set up to help. The organizer is expected to tell you the truth about what the money raised is for and how it will be used, but it's up to them to deliver on that promise.

What happens to money if crowdfunding fails? ›

This means that if a campaign doesn't hit its funding goal, all the pledges are canceled and the project creator doesn't receive any of the pledged funds. All the money pledged by backers is returned to them and no money exchanges hands. It's not an ideal situation, but creators should be prepared for this outcome.

What is the rule 206 of crowdfunding? ›

Rule 206 by its terms permits only issuers to engage in “testing the waters” communications. Issuers are not prohibited from engaging in these communications through your firm's platform; however, any “testing the waters” communication through your firm's platform must conform with the requirements of Rule 206.

How much money can I raise with crowdfunding? ›

Yes. The U.S. Securities and Exchange Commission allows private companies to legally raise up to $5 million in a 12-month period through equity crowdfunding. You can raise funds in increments.

What was the purpose of the JOBS Act? ›

The JOBS Act (Jumpstart Our Business Startups) was passed by Congress and signed into law to encourage funding of small businesses and startups in the U.S. Comprising seven titles, the JOBS Act was designed to relax federal regulations and allow for equity crowdfunding, making it easier for companies to access funding ...

Was the Tax Cuts and Jobs Act good? ›

Yet the empirical evidence has never been on their side. And now, nearly 6 years after the Tax Cuts and Jobs Act was signed into law by former President Donald Trump, a new study further reinforces that these business tax cuts benefit highly paid executives, not the vast majority of U.S. workers.

Who signed the JOBS Act? ›

On April 5, 2012, the Jumpstart Our Business Startups (JOBS) Act was signed into law by President Barack Obama.

Is crowdfunding legal in the US? ›

Anyone can invest in a Regulation Crowdfunding offering. Because of the risks involved with this type of investing, however, you are limited in how much you can invest during any 12-month period in these transactions. The limitation on how much you can invest depends on your net worth and annual income.

What are the two major types of crowdfunding? ›

4 Types of Crowdfunding Campaigns
  • Reward-Based Crowdfunding. With reward-based crowdfunding, donors receive a reward or gift as a result of their donation. ...
  • Donation-Based Crowdfunding. You've probably heard of — and even donated to — a donation-based crowdfunding campaign. ...
  • Peer-to-Peer Crowdfunding. ...
  • Equity Crowdfunding.

Is crowdfunding a form of debt financing? ›

Microlending platforms such as LendingClub and Prosper allow for crowdfunded debt financing where, instead of owning part of the company, as with some forms of debt crowdfunding, you become a creditor and receive regular interest payments until the loan is repaid.

Top Articles
Latest Posts
Article information

Author: Ms. Lucile Johns

Last Updated:

Views: 5948

Rating: 4 / 5 (41 voted)

Reviews: 88% of readers found this page helpful

Author information

Name: Ms. Lucile Johns

Birthday: 1999-11-16

Address: Suite 237 56046 Walsh Coves, West Enid, VT 46557

Phone: +59115435987187

Job: Education Supervisor

Hobby: Genealogy, Stone skipping, Skydiving, Nordic skating, Couponing, Coloring, Gardening

Introduction: My name is Ms. Lucile Johns, I am a successful, friendly, friendly, homely, adventurous, handsome, delightful person who loves writing and wants to share my knowledge and understanding with you.