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Category: Securities

The JOBS Act and Crowd Funding — What it Means for Startups.

On Thursday, President Obama signed into law the Jumpstart Our Business Startups Act (JOBS Act). This Act, comprised of several bipartisan-supported bills designed to ease capital-raising for small businesses, will undoubtedly be a major game-changer for capital raising and the business of investing in startups. What follows is an analysis […]

Employee Compensation Got You Down? Equity Incentives Might Help

So, you’ve decided to act on your million dollar idea and formed a company. You’ve got an exciting product, momentum, and your workload is at the point where you need to bring in additional employees to help carry out your vision. What’s that you say? Not enough cashflow to pay […]

Legislative Update for January, 2012

Each month the Gillespie Law Group compiles the most recent legislative and regulatory developments that could affect startups, tech companies, and website owners. “Crowdfunding” Update: As we reported last month, the House approved the Entrepreneur Access to Capital Act, H.R. 2930, known to many as the “crowdfunding” bill. This bill would […]

What are “Business Development Companies”?

Venture Capitalists (“VCs”), Angel investors (“Angels”) (i.e., accredited investors), and Business Development Companies (“BDCs”) fulfill generally the same role: to help small and medium-sized companies obtain financing when more traditional means of funding (e.g., bank financing) are unavailable.  Bank financing, though, almost always requires accounts receivable, inventory, buildings, equipment or […]

2010 Tax Relief Act Extends Qualified Small-Business Stock Exclusion

On December 17, 2010, President Obama signed the 2010 Tax Relief Act into law, and among other things, extended the 100-percent tax exclusion from capital gains of qualified small business stock (QSBS).  As background, on September 27, 2010, President Obama signed H.R. 5297 Small Business Jobs Act of 2010 (P.L. […]

Fenwick & West 2010 2nd Quarter Venture Capital Survey

Fenwick and West has released its 2010 2Q Venture Capital Survey.      The survey shows that the climate for VC financing is improving.  For the fourth quarter in a row, up rounds exceeded down rounds (55% to 27%, with 18% of rounds flat), and this was an improvement over 1Q10, when […]

New Law Shrinks Pool of Potential Angel Investors

The House and Senate reached a compromise late last night on the Restoring American Financial Stability Act of 2010.   The reforms are fairly sweeping, and I’m not going to attempt to explain them all.  The changes to the definition of an accredited investor merit discussion, though, as they will have […]

Using Unlicensed “Money Finders” Now Too Risky

Entrepreneurs trying to raise capital to grow a business frequently run across individuals describing themselves as a “finder” and offering to help them structure a private offering and sell that offering using their contacts. They will typically ask for limited or no up-front compensation but will take a percentage of […]

Raising Money?

For a great summary of the securities regulations that need to be followed when taking money from investors, check out this post by Dave Broadwin with Foley & Hoag.   Their Emerging Enterprise Center Blog is a good resource for both entrepreneurs and lawyers.

Proposed Legislation Would Make Raising Capital Costlier and More Difficult

On November 10, 2009, Senator Christopher Dodd introduced proposed legislation aimed at reforming our financial regulatory system. The bill is over 1100 pages long and many of its proposals will undoubtedly be debated for months to come. Two specific proposals, though, if enacted, would seriously hinder efforts of startups and […]

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