Guide to US Crowdfunding: Securities-Based Financing
Navigating through the different “crowdfunding” exemptions can be tedious. To help, we’ve created this handy Crowdfunding Matrix. To download a printable PDF, please click here.
Client Alert: The Behring Decision and the Rollback in the Minimum EB-5 Investment
You have no doubt read about the decision in Behring v. Wolfe invalidating the 2019 regulations of the EB-5 Program. The decision rolls back the minimum investment amount from $900,000 to $500,000 (and from $1,800,000 to $1,000,000 outside of targeted employment areas). The decision also invalidated the USCIS’s…
SEC Authority Over EB-5 Confirmed in Court Victory
On Thursday, June 29, 2017, in the closely-watched EB-5 case SEC v. Feng, No. 2:15-cv-09420 (C.D. CA, filed December 7, 2015), a U.S. district court in California affirmed the authority of the Securities and Exchange Commission (SEC) to oversee EB-5 investment offerings. New York attorney Hui Feng was one…
Raising Capital for EB-5 Regional Centers
Introduction The EB-5 visa is eligible to immigrants who make investments that create jobs for the American economy. “Regional centers” seeking investors for their EB-5 projects need to understand that raising capital from investors likely involves issuing securities to those investors, and such programs are therefore subject to…
What’s In a Regulation A Plus Offering Circular, Anyway?
If your company is not public and plans to raise capital, you might have considered Regulation A Plus – and you are aware that it comes with a big warning sticker: the company needs to prepare an offering circular and go through an SEC approval process. That sounds…
Part I: Identifying the “Bad Actors” In Private Offerings Under Rule 506
This article is part one, of a two part discussion, on Identifying Bad Actors for private placements. Part II may be viewed here. In 2010, as part of the aftermath of the Global Financial Crisis of 2008, Congress adopted the Dodd-Frank Wall Street Reform and Consumer Protection Act….