Last week President Obama signed the Jumpstart Our Business Startups (JOBS) Act; legislation that will enable new sources of funding for entrepreneurs.
The JOBS Act pulls from the technique of “crowdfunding,” the collective cooperation of people who pool their money and resources together to support efforts initiated by other people or organizations. Under the legislation small businesses will be able to use the Internet to raise up to $1 million in small investments from multiple sources. It will allow larger companies to offer up to $50 million in stock to the public without registering with the Securities and Exchange Commission (SEC), up from the previous threshold of $5 million. It also will encourage more companies to go public, by exempting them from some SEC regulations in the first five years after an initial public offering (via Portfolio.com.)
Overall, I believe this is a great initiative for entrepreneurs and small businesses. It will open up new avenues of funding that carry less legal, corporate and financial overhead. However, my largest concern is for the unintended consequences that may occur. There are currently no regulations in place to manage the potential new surge of funding. One article asked a fair question, will this bill make more people like Steve Jobs or Bernie Madoff?
Crowdfunding has been used successfully by those in the nonprofit sector and supporters of the JOBS Act have high hopes for the model’s usage in the entrepreneur arena. Over time we will need to learn how to self-regulate with advisory services and other protective measures. Enforcement of these developing regulations will be tough.
In order to gain support from ordinary citizens, individuals will need to see their personal investments working. The question remains unanswered, “Will people initially lose large sums of money investing in startups?” Hopefully there will be numerous success stories from the JOBS Act before anyone experiences substantial losses.
Check out some of the other thoughts on the JOBS Act. Some are for it, and some against, as is usually the case.
What impact do you feel the JOBS Act will have on developing startups? Do you foresee regulations being enacted quickly? Which side of the debate are you on?
Thanks, Kevin…