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Raising Capital? 3 Tips for Entrepreneurs

Scott Edward Walker

As a general rule, a company may not offer or sell its securities unless (i) the securities have been registered with the Securities and Exchange Commission (SEC) and registered/qualified with applicable state commissions; or (ii) there is an applicable exemption from registration.

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Fresh from the SEC: Magic Raises approximately $25 million in Recent Filings

VC Cafe

million in a private placement transaction in December and an additional $3,7 million in option sales according to a recent SEC D filing. million in a private placement transaction in December and an additional $3,7 million in option sales according to a recent SEC D filing.

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Can a private company take investment money from anyone?

Gust

The problems are that (a) it is not close to becoming available yet for companies because the SEC has not yet written rules for it (and shows no inclination to do so any time soon), and (b) when the rules are eventually written, they will be very, very specific about exactly what both the company and the investor need to do.

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SEC Expands “Accredited Investor” Definition

Scott Edward Walker

This past Wednesday, the Securities and Exchange Commission (SEC) adopted amendments expanding the definition of “accredited investor” to include individuals who hold certain professional certifications/licenses or have certain “credentials,” as determined by the SEC. Current Definition of “Accredited Investor”.

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Why Finders Are Losers

The Startup Lawyer

And the SEC is closing the window on these unregistered broker-dealers. Most importantly, using an unregistered broker-dealer can, at a minimum, jeopardize your startup’s private placement exemptions. Startup : But how does everyone else do it? Me : Just because they’re doing it doesn’t make it “legal.&#

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Early stage money: The problem with PPMs

Berkonomics

The sale of equity in private companies is regulated by the Securities Act of 1933, which requires that the company either register with the SEC or meet one of several exemptions (Regulation D). A Private Placement Memorandum (PPM) is a special business plan defined to meet an SEC exemption.

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Beware the “dirty cap table.”

Berkonomics

The problem in taking such money rests in the legality of taking money from non-accredited investors, people who do not meet the SEC standard for making non-public company investments. And even more recently, “crowd sourcing” has been enabled by the Internet – seeking many investors at a small amount per investment.