By Joseph Santiesteban
Part of President Obama’s recently released American Jobs Act proposes altering the Securities Act of 1933’s rules on Initial Public Offerings (IPOs) to include a crowdfunding exemption and to raise “the cap on ‘mini-offerings’ from $5 million to $50 million.” The goal is to reduce burdensome regulations on small businesses that currently have limited options in seeking financing by taking advantage of social networks’ ability to “crowdfund,” in which a large number of investors contribute small sums of money to projects.
Currently, the Securities Act prohibits firms from publicly selling or advertising stocks or other interests in its firm’s profits without first going through the onerous process of registering an IPO with the SEC (Form S-1). This process often prices out many small firms that can’t afford the time and expense of filing. The primary exception to the standard IPO process is a “mini-offering” made pursuant to Regulation A. These offerings require a less thorough inspection by the SEC, but are currently limited to offers of less than $5 million.