All technology companies and their investors start with great enthusiasm. Why else would you start a tech company? But in the life cycle of some companies, the enthusiasm – and the money – disappears before the company has achieved its goals and positioned itself for an attractive sale or IPO. In these instances, as the …Read more
Cryptocurrency companies have become all the rage. That trend may continue for some time. Most companies considering an Initial Coin Offering to U.S. investors have resigned themselves to the fact that their proposed offering is likely considered an offering of securities by the U.S. Securities and Exchange Commission (“SEC”). Thus, it must be made in …Read more
Like any business, a family-owned business has a strong incentive to attract, retain, motivate and reward key employees. A competitive salary and benefits package may not be enough to do this in today’s market. Many businesses offer equity incentive plans to employees as a form of long-term incentive compensation. For many family-owned businesses offering stock …Read more
Let the crowdfunding begin! Monday May 16, 2016, was the first day that crowdfunding under Title III of the JOBS Act could be used by companies to raise money via the Internet. Below are links to a few of the portals that have been authorized by the SEC to serve as intermediaries in these transactions. …Read more
Last week’s post discussed some important tax issues entrepreneurs should be aware of when forming and operating California partnerships. As we discussed, one of the most important factors to consider when forming a new enterprise is whether the business is initially expected to generate profits or losses and the tax consequences of those profits and …Read more
Federal and state tax codes can take a big bite out of your company’s equity compensation. That’s why founders, executives, and employees of start-ups should understand the role that Internal Revenue Code Section 83 plays in the tax treatment of equity compensation that is given in exchange for services. Most startups use equity incentives instead of cash, at …Read more
If you have been considering raising money via crowdfunding for your startup or small business, you may already know that this has been somewhat of a gray area in securities law. Back in 2012, Congress passed Title III of the Jumpstart Our Business Startups Act (“JOBS Act”). Since then, the Securities and Exchange Commission (“SEC”) …Read more
Crowdfunding is a new and evolving fundraising tool social entrepreneurs use to raise money for their ideas and causes via the Internet. If regulated correctly, crowdfunding could become a powerful alternative method that for-profit entrepreneurs could use to raise capital to support a wide range of ventures and business models. To encourage the use of …Read more
In September 2013, Title II of the JOBs Act went into effect. For the first time private companies could lawfully raise investment capital from the public using Social Media to spread the word about the investment. More and more, Social Media is driving the capital raising process for small businesses across the U.S. The enactment …Read more
Historically, federal securities laws have imposed significant – some would say onerous – disclosure and reporting requirements on companies seeking to raise money in the public equities markets. Testing the market was, for the most part, unlawful for fear of conditioning the market of prospective investors to your offering. Comments from the staff of the …Read more