Brian
Dally created a website where independent real estate developers raise money
from investors. Now Dally wants to expand his business but he will to have to
wait until N.C. legislators sign the appropriate legislation.
The
U.S. Congress has implemented six of seven new titles for crowd funding. The
non-implemented title changes a current rule, namely that when you want to
participate in private- equity placement, no one must be an accredited
investor. The SEC has not yet enacted this title.
Frustrated
by “red tape”, many states began drafting their own legislation, and today
seven states have intrastate crowd funding exemptions in place. The N.C. JOBS
Act exemptions are twofold: Small businesses can raise money via the internet,
and they can do so from non-credit investors.
Benjamin
Baldwin, an attorney who has written for several North Carolina business and law
publications on the JOBS Act, said one of the biggest drawbacks is that the law
will require a company to produce audited financial statements if it's trying
to raise more than $ 500,000 – a cumbersome and expensive process. Another
drawback is that fake crowd funding campaign could be set up to try swindle
money from investors. But, measures are taken to protect against this fraud.
Many crowd funding platforms have vetting criteria that need to be checked before the crowd funding campaign can be
posted. The N.C. JOBS Act adds some fraud- prevention measures for investment
crowd funding in the state. The business must be a North Carolina company, the
investors have to be N.C. residents, the money has to be put out in escrow in a
North Carolina bank and the crowd funding platform has to be registered to do
business in the state.
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