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S.E.C. Gives Small Investors Access to Equity Crowdfunding

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Re: S.E.C. Gives Small Investors Access to Equity Crowdfunding

#31
post #3

I'm not a fan of this idea. After the Startup podcast did an episode endorsing the idea, I wrote a blog post and circulated drafts to friends, but never got around to finishing it. Instead of doing that now, here's a rough list of arguments, all of them about how tech startup equity will work out poorly for retail investors: * The core issue: professional startup investors rely on (a) relatively large portfolios wher…

I think you are correct in predicting that retail investors will on net lose by investing in startups. In most cases, the best opportunities will go to the pros, leaving the amateurs to get the duds.

But, it does strike me that the Kickstarter model would be far superior if the backers got an equity stake in the company. As it works now, the backer takes a big risk in not getting a product, or getting a crappy product, yet enjoys no upside if the product is a smash hit.

It also strikes me that a barbell strategy to portfolios can be a good idea for some people. That is, invest 95-99% of your money in safe bets like Vanguard mutual funds, and then a few percent in high-risk, high-reward bets such as startups. It is unfortunate that worthy people who are not millionaires do not have the opportunity to do this. Even if people do not net make money from this, if people buy lottery tickets or go to casinos, why not allow them to risk money in a way that has potential to do good for society?

Re: S.E.C. Gives Small Investors Access to Equity Crowdfunding

#32
post #26

Earlier quoted context omitted.

Assume everything you said is true verbatim. None of it is a good reason to exclude retail investors simply because you don't think people are good at assessing risk correctly. There are a lot of bad investing ideas - hell, ideas of all sorts - that aren't banned/excluded.

People are terrible at assessing risk, especially when it's not their day job. Even when it is their job, assessing risk in an adversarial environment is an extremely difficult thing. Your dad (not really your dad, but for sake of example) is a retail investor. He has no idea what he's doing, but he heard "through the grapevine" that he should invest in this one particular startup. He sends them his IRA balance. A ye…

...okay? That is different how than the craps tables in Vegas, state lottery commission, or... picking regular stocks?

Re: S.E.C. Gives Small Investors Access to Equity Crowdfunding

#34
post #13

Earlier quoted context omitted.

(Disclosure: I'm a founder of an equity crowdfunding platform so I financially benefit if people use this legislation.) I don't think startup investing is for everyone, for some of the reasons you mention below. And I agree there's a risk of the ecosystem developing poorly to be a "market for suckers". But I think the JOBS Act is a net good thing and the concerns you highlight are addressable. The main problem I have…

> The main problem I have with the "old rules" of investing is that wealth is used as a proxy for sophistication. I think there are strong arguments for revisiting the accredited investor criteria, but you're missing an important fact: wealthy individuals have access to resources, like attorneys, accountants and financial advisers, that the less well-heeled frequently don't have access to. So even if accredited inves…

> [...] you're missing an important fact: wealthy individuals have access to resources, like attorneys, accountants and financial advisers

This is less of a concern when non-accredited investors are investing alongside accredited investors under the same terms. I also think it's the duty of a platform to make sure unaccredited investors don't get unfair treatment.

> First, most Americans are currently not investing in the public markets[1], many because they don't have the money to.

True, but I'm not advocating that every American should invest in super-risky companies. Plenty of Americans (actually, folks from all over the world) definitely want to invest small amounts of money in companies they believe in and want to support. They try, but can't. If the investor limits magically went away tomorrow we'd see an order magnitude more money invested in startups on our platform.

Even though startup investing may not be right for everyone doesn't mean that most people should be legally prohibited from doing it. There are plenty of products I use in my life (personally and for business) that I would love to invest $100 in. I understand the risks, what's inherently wrong with me investing with 10k other people? There's a lot of potential issues with the _implementation_ of a platform (e.g. do investors get enough information? is there adverse selection?), but I don't think there's _inherent_ issue with all possible implementations.

> Second, there are plenty of publicly-traded vehicles that provide access to private market investments.

I didn't realize CSV Capital was publicly traded, that's great - thanks for pointing it out! Maybe I'll buy some shares.

> Are you referring to 506(c)?

No, I meant 506(b) earlier in 2013. The argument was that only companies desperate for money would resort to listing on a crowdfunding platform.

506(c) has a few problems that makes it a pretty weak and ineffective regulation. There isn't much upside in generally soliciting to accredited investors only to counteract the legal uncertainty with the way accredited verification was implemented.

Re: S.E.C. Gives Small Investors Access to Equity Crowdfunding

#35

Earlier quoted context omitted.

> I would also love to hear why protecting investors from themselves is a good thing. It's an honest question: what is the merit of putting a cap on what you can invest based on your income? Shouldn't that cap be a personal choice? The reality is these bets have ~10% chance of success. People [in aggregate] have a history of being duped into putting too much money into highly risky bets that they don't understand. Th…

> The reality is these bets have ~10% chance of success. Randomly picking stocks - which is heavily advertised on TV, radio, and by your personal broker - has at least as bad of a chance. Yet we glamorize it, do we not?

> Randomly picking stocks - which is heavily advertised on TV, radio, and by your personal broker - has at least as bad of a chance. Yet we glamorize it, do we not?

...do we?

Most of the investment advice I read says to use things like Vanguard ETFs for broad market funds.

Re: S.E.C. Gives Small Investors Access to Equity Crowdfunding

#36

Earlier quoted context omitted.

> The reality is these bets have ~10% chance of success. Randomly picking stocks - which is heavily advertised on TV, radio, and by your personal broker - has at least as bad of a chance. Yet we glamorize it, do we not?

> Randomly picking stocks - which is heavily advertised on TV, radio, and by your personal broker - has at least as bad of a chance. Yet we glamorize it, do we not? ...do we? Most of the investment advice I read says to use things like Vanguard ETFs for broad market funds.

Likewise. I assume your broker isn't the guy running the local bank branch and instead is a Vanguard online portal or something with low fees. But the majority of average people who have retirement funds don't trade or invest this way.

Re: S.E.C. Gives Small Investors Access to Equity Crowdfunding

#37
post #27

Earlier quoted context omitted.

Well, really, that is just an argument to put a limit on lottery purchases [which we should].

That really depends on your perspective. I personally think that using wealth as a proxy for... well, really for anything other than wealth, but in this context risk assessment capability and fiscal planning ability, is terrible public policy. If you're concerned with people making poor financial decisions, then you should focus on providing better financial education, instead of restricting the fiscal agency of ever…

> What I am definitely arguing here and now is that there is an inherent hypocrisy in the way we legally treat lotteries ...

Yes, and I just said we should regulate lotteries tightly and limit how much people can gamble on them. That removes that hypocrisy.

> That really depends on your perspective. I personally think that using wealth as a proxy for... well, really for anything other than wealth, ...

If you read my other comment, it has more to do with the risk of them surviving [financially] poor decision making.

Someone who makes $100k and puts $10k into risky bets is more likely to survive than someone who makes $30k and does the same thing. Its a question of scale.

> then you should focus on providing better financial education, instead of restricting the fiscal agency of everyone else in the same income bracket.

Education requires the student to be motivated to learn. There are plenty of resources to learn about financial decisions and community colleges teach relatively cheap personal finance classes.

Re: S.E.C. Gives Small Investors Access to Equity Crowdfunding

#38

Earlier quoted context omitted.

> Randomly picking stocks - which is heavily advertised on TV, radio, and by your personal broker - has at least as bad of a chance. Yet we glamorize it, do we not? ...do we? Most of the investment advice I read says to use things like Vanguard ETFs for broad market funds.

Likewise. I assume your broker isn't the guy running the local bank branch and instead is a Vanguard online portal or something with low fees. But the majority of average people who have retirement funds don't trade or invest this way.

> But the majority of average people who have retirement funds don't trade or invest this way.

The majority of people only have like 401k type situations [which is basically like Vanguard] that are essentially that or essentially no savings.

Re: S.E.C. Gives Small Investors Access to Equity Crowdfunding

#39
post #3

I'm not a fan of this idea. After the Startup podcast did an episode endorsing the idea, I wrote a blog post and circulated drafts to friends, but never got around to finishing it. Instead of doing that now, here's a rough list of arguments, all of them about how tech startup equity will work out poorly for retail investors: * The core issue: professional startup investors rely on (a) relatively large portfolios wher…

Assume everything you said is true verbatim. None of it is a good reason to exclude retail investors simply because you don't think people are good at assessing risk correctly. There are a lot of bad investing ideas - hell, ideas of all sorts - that aren't banned/excluded.

Retail investors aren't, even traditionally, excluded from investing in startups. It's just that startups are required to make certain SEC disclosures prior to taking investment from the general public, so that the public can have information about what it's actually investing in. There are exemptions for startups that only seek money from institutional and wealthy investors, on the theory that such investors can hire their own attorneys and accountants to do an SEC-like job. So, the theory goes, they don't need the SEC vetting the transparency of the offering, because they will pay for a similar vetting process themselves.

This changes the rules so retail investors can invest blindly in stocks, i.e. without being first informed about the nature of the investment opportunity through the SEC disclosures. It seems pretty reasonable to me that if someone wants to raise money, they should be required to disclose, to the potential investor, enough information about the financial position of the company and the nature of the investment for the investor to make an informed decision. If you want it leveled between institutional and retail investors, I'd prefer leveling in the direction of more transparency for both classes of investors, rather than less. If the issue is just that the SEC process is too bureaucratic, then propose a reform to streamline it, rather than bypassing disclosures entirely.

One thing that makes it particularly needed is that a possible alternative, dealing with misleading fundraising through after-the-fact lawsuits, is mostly ineffective, since successful suits end up as judgments against bankrupt companies, who won't pay them. If a company gets a bunch of investors while not being entirely truthful with them about its financial position/revenues/etc., suing them after it collapses doesn't help you at that point. That's the situation we had before the SEC was created, and was the motivation for the 1933 Securities Act requiring companies to register an offering and make certain disclosures, prior to selling securities to the public.

Re: S.E.C. Gives Small Investors Access to Equity Crowdfunding

#40
I think there is an important aspect of this that is being overlooked in this discussion. Every seems to assume that it will always be a single investor investing in a single company. What I think will quickly evolve is syndicates of small investors that pool their money and their intelligence, and will invest in multiple companies. Basically they will do what wealthy investors do to manage their risk. We in the tech industry who also have an interest in finance and investing will play a constructive role by sharing our insights about the viability of these companies. The control of information is going to change dramatically - and for the better I hope.
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