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Five Things Every Entrepreneur Must Know about the JOBS Act

Recently, the bipartisan Jumpstart Our Business Startups (JOBS) Act became law, transforming how entrepreneurs can raise the money to grow their business. The JOBS Act expands the pool of potential investors, makes investing in small businesses more attractive and lowers the regulatory burden for more mature business of “going public.” Savvy entrepreneurs should be aware of what the new legislation entails when forming a comprehensive strategy for raising capital and growth.

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President Obama Signs Jobs Act

Landmark Legislation Changes the Landscape of Raising Capital
On April 5, 2012 President Obama signed the Jumpstart Our Business Startups Act (JOBS Act) into law. Passed by a 73-to-26 vote in the U.S. Senate and a 380-to-41 vote in the U.S. House of Representatives, the JOBS Act is a bipartisan col-lection of legislative measures that have been in-troduced over the past year and change dramati-cally the regulatory scheme for raising capital in the U.S.

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Regulation A: Old Reg, New Opportunity

For the last 30 years, Regulation D has dominated the exempt securities offerings landscape. This dominance was only enhanced with the passage of the National Securities Markets Improvement Act of 1996 (NSMIA) which exempted from state securities regulation (or “Blue Sky”) securities sold in offerings made pursuant to Rule 506 of Regula-tion D. In the aftermath of the recent economic and financial crisis two leading factors have emerged to hobble the usage of Rule 506 for most issuers in the raising of capital: (i) the lack of li-quidity of Rule 506 securities, and (ii) changes to the definition of “accredited investor” in the Dodd Frank Wall Street Reform and Consumer Protec-tion Act (“Dodd-Frank”) signed into law by President Obama in July 2010.

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