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Janine Shea

Jumpstart Our Business Startups Act: Frequently Asked Questions About Crowdfunding Inte... - 0 views

  • How do I register with the SEC as a funding portal? Answer: The SEC must adopt rules governing funding portals before permitting anyone to register with the SEC as a funding portal. These rules will address the form and process needed to register with the SEC as a funding portal.
  • The JOBS Act requires these intermediaries to, among other things: provide disclosures that the SEC determines appropriate by rule, including regarding the risks of the transaction and investor education materials  ensure that each investor: (1) reviews investor education materials; (2) positively affirms that the investor understands that the investor is risking the loss of the entire investment, and that the investor could bear such a loss; and (3) answers questions that demonstrate that the investor understands the level of risk generally applicable to investments in startups, emerging businesses, and small issuers and the risk of illiquidity;  take steps to protect the privacy of information collected from investors;  take such measures to reduce the risk of fraud with respect to such transactions, as established by the SEC, by rule, including obtaining a background and securities enforcement regulatory history check on each officer, director, and person holding more than 20 percent of the outstanding equity of every issuer whose securities are offered by such person;  make available to investors and the SEC, at least 21 days before any sale, any disclosures provided by the issuer;  ensure that all offering proceeds are only provided to the issuer when the aggregate capital raised from all investors is equal to or greater than a target offering amount, and allow all investors to cancel their commitments to invest;   make efforts to ensure that no investor in a 12-month period has purchased crowdfunded securities that, in the aggregate, from all issuers, exceed the investment limits set forth in section Title III of the JOBS Act; and any other requirements that the SEC determines are appropriate.
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