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SEC Greenlights One Style Of Equity Crowdfunding For Startups

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Re: SEC Greenlights One Style Of Equity Crowdfunding For Startups

#31
post #22

Earlier quoted context omitted.

These are good concerns. There's a whole bunch of companies trying to move into the crowdinvesting / online VC space, and there's going to be a whole spectrum of platforms and startups trying to get some action. Sites like Wefunder (disclosure: I'm a cofounder) and FundersClub put a lot of emphasis on vetting, for obvious reasons. You need "A player" startups to draw other "A player" startups, and if your selection o…

"Sites like Wefunder (disclosure: I'm a cofounder) and FundersClub put a lot of emphasis on vetting, for obvious reasons." Yup, and this is essential. The failure mechanic is that if you're successful, there will be a number of people who don't pass the 'vetting' but they want to participate. That demand will be met by people who don't do vetting, or choose to interpret vetting in a way that allows this person to par…

Right. It can be dangerous if reckless crowdinvesting platforms become prominent. There are already shady platforms out there today, but there are a few forces and barriers to entry that I hope will shape the space into a healthy one:

There's a lot of regulation around being a platform where folks exchange securities (e.g. equity and debt). Someone can't, for example, whip together a website with Stripe over the weekend. The SEC takes this pretty seriously, and because of all the money transfer regulations, it's very hard to move large amounts of money around without playing by the rules. (Heh, I wonder how long before someone tries a bitcoin-based crowdinvesting site. [Don't try this at home!]) This should help limit most of the potentially shady and dangerous platforms.

I think this will also be a space where a few established brands dominate the space, and strong brands and networks will draw strong startups. Without good deal flow, it's going to be real hard to break into the space. Even if you allow anyone to create company profiles and raise money, you still need to draw in investors. I'm sure some people will be suckered in, but I'm skeptical this sort of site will become large enough to create systemic problems. (/knocks on wood)

But that doesn't mean a platform can't establish itself and branch out to allow "wild west" crowdinvesting. Wefunder has plans to expand who can raise money, but we care a ton about doing it responsibly and safely and it'll look somewhat different than what we have today. I won't go into much detail here because some things aren't public yet, and I'm sure every other platform has it's own thoughts and plans about "going mainstream".

Over the next few years I believe people will become more mature about crowd funding thanks to Kickstarter, and I think the skepticism about crowdinvesting and memories from the startup bubble(s?) will be a negative force against too much hype. But there is a danger around a crowdinvested company becoming "the next Facebook" and everyone going bananas about investing in more. There's no sure-fire protection against that. We do our best to educate folks about ways to approach startup investing and the risks involved, and hopefully other platforms will do the same.

I think there'll at least be a lot of visibility into crowdinvesting as a whole. So if things start to get fishy people will talk about it, and the more it's talked about the more folks will (hopefully) be cautious. (Maybe what we need is a crowdsourced SEC to help protect investors ;))

And finally, I think the space will evolve past "Kickstarter with an Invest Button" and the crowd will get better at doing diligence. There will be cases of things getting lots of funding that shouldn't, but that'll happen every now and again.

But who really knows, these are just my personal thoughts and speculations. I'm an optimist and want to believe in a happy crowdinvesting future. :)

Re: SEC Greenlights One Style Of Equity Crowdfunding For Startups

#32

I hope this turns out well. As a dot-bomb survivor I recognized that a big chunk of that bubble was gullible 'retail' investors and unscrupulous people happy to separate them from their money. One CEO at the time remarked "these folks have more enthusiasm for the company than I do, that seems backwards." My worry is that we'll get a race of people who have only seen (or read about) startups that when from a hundred t…

My worry is that we'll get a race of people who have only seen (or read about) startups that when from a hundred thousand dollar investment into billions, dumping money they cannot afford to lose into these things. That would trigger a bunch of excess capital seeking outlet and result it being used inefficiently, and when these folks learned about the "9 out of 10 start-ups don't make money for their investors" truis…

The best way to do this is probably a VC fund. Unlike public equities, a broad-market benchmark for startups faces low survival rates, limited liquidity, and ambiguous inter-round valuations - the tracking error would probably render the index useless.

Re: SEC Greenlights One Style Of Equity Crowdfunding For Startups

#33

Earlier quoted context omitted.

Hmm... So I go and buy a lottery ticket. Then go around selling people a piece of the ticket for 1/10 of what it cost me ($1, so 10 cents). I sell it to 100 people, and manage to make $9. Cool. I made money. But what happened to the lottery ticket? Did I win? No. The aim was never to have the winning ticket, but to sell a piece of the ticket and profit. What happened to those that bought a share of the ticket? They s…

I don't think you really understand how FundersClub works. As a FundersClub investor, you are buying shares in a fund, where the fund only holds assets (either convertible debt, preferred equity, or common equity) of the specified companies. Your money invested in the fund goes directly to the companies (minus fees). It's really no different from investing in the companies themselves, except it wraps the multiple inv…

I do understand how it works. It's the standard fund arrangement, except that you are dealing with very high risk (junk level of risk) securities. These are still born businesses with no market or valuation based in assets/profits. Hence my lottery ticket comparison. However, you do reduce risk a little by spreading the risk. But the fund is also a startup. Meaning that people who give you their money have a bigger chance of losing because your stability and the security of the funds are directly tied. If you go down in two years any long term investment potenti is lost. Given that on average a startup takes about two years to develop to a profitable level (no ramen), your finacial unstability (because you are a startup) does diminish the chances of this working out.

Of course, I want this to work out and would love to eat crow. But it is a very risky strategy to take. Though give how Cherry got 5 million to wash cars, I can't see how this wont manage to make billions (which is the aim of YC).

Re: SEC Greenlights One Style Of Equity Crowdfunding For Startups

#34

Earlier quoted context omitted.

I don't really follow your math. In your scenario, you're over-selling shares in the lottery ticket (a la "The Producers"), meaning you (as the intermediary) profit if the underlying investment fails, but you lose if the investment succeeds. As for whether this is investment or speculation, as I understand the Funders Club model, every extra dollar that comes out of an investor's pocket results in one extra dollar go…

Still speculation because these are startups. Had these been stable companies this fund would not have such high ROI potential. Calling it investments has people think there is some sort of security here. There is none. Well, only for the "market makers".

Since when has "investment" implied "security?" This is a textbook, bog-standard example of investment.

Re: SEC Greenlights One Style Of Equity Crowdfunding For Startups

#35
This is a win, but it's still a bit disappointing. The SEC has been directed by law to come up with rules to allow the crowd funding provisions of the JOBS act to come into force and they've blown past the deadline and been dragging their feet. I think there are a lot of people in high positions there who just want to see the whole thing go away.

Re: SEC Greenlights One Style Of Equity Crowdfunding For Startups

#36
post #2

I love the idea, but what is the plan to keep fraudulent fundraisers away?

What keeps the fraudsters out of ordinary investing? I'll give you a hint, they're there. Hopefully there will be enough visibility and due diligence to keep them in check.

Re: SEC Greenlights One Style Of Equity Crowdfunding For Startups

#37

Earlier quoted context omitted.

I don't think you really understand how FundersClub works. As a FundersClub investor, you are buying shares in a fund, where the fund only holds assets (either convertible debt, preferred equity, or common equity) of the specified companies. Your money invested in the fund goes directly to the companies (minus fees). It's really no different from investing in the companies themselves, except it wraps the multiple inv…

I do understand how it works. It's the standard fund arrangement, except that you are dealing with very high risk (junk level of risk) securities. These are still born businesses with no market or valuation based in assets/profits. Hence my lottery ticket comparison. However, you do reduce risk a little by spreading the risk. But the fund is also a startup . Meaning that people who give you their money have a bigger…

Each FundersClub fund is its own independent LLC entity, which is basically the point of the article describing why the SEC is green lighting the process.

If FundersClub does go down, each fund's LLC survives, with it's investors owning their fractional claim on the funds' assets.

Similarly to buying stock in a company using ScotTrade or equivalent. If ScotTrade goes down, you still own the equity you purchased and which they were holding as your custodian.

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