Angel Investment Gets a Break in Revised Restoring Financial Stability Act
Author: Rieva Lesonsky
The Restoring Financial Stability Act of 2010, intended to regulate the banking industry, is sparking all kinds of controversy on Capitol Hill. But it’s also sparked
controversy in the small-business community because some proposed changes tucked away within the massive bill would have been very harmful to angel investment, small business finance, working capital loans, merchant cash advance.
Two aspects of angel investment would have been affected by changes proposed in the bill. First, “accredited investors"—the wealthy individuals who typically become angel investors—would have been redefined. The minimum annual income required to register with the SEC as an accredited investor would have gone from $200,000 to $450,000, and the minimum assets required would have gone from $1 million to $2.3 million. Some estimates say this would eliminate as much as two-thirds of today’s angel investors.
The second proposal would have effectively canceled out Regulation D by requiring the SEC have 120 days to review a securities offering. This would likely have slowed the angel investment process to unacceptable lengths.
The good news? Thanks to the efforts of the Angel Capital Association and others in the industry, Senator Christopher Dodd, author of the bill, was persuaded to change these proposals.
Dodd amended the bill to keep the definition of "accredited investor" at its old income and asset levels (one small change: an investor’s primary residence can’t be considered an asset). Reg D is maintained, but the SEC is now directed to issue rules for disqualifying securities offerings involving "bad actors"—people who have violated certain federal or state laws. (Find a good explanation of the details on the TechFlash blog.)
The Restoring Financial Stability Act is not yet law, so stay tuned for further developments—but for now, things look positive for the nation’s startups, small businesses and the angel investors whose business capital helps them achieve their dreams.
0 comments - Posted by Tom Markel III at 1:51 PM - Categories: Rieva Lesonsky's Blog
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