*Revise Dodd-sponsored Finance Reform Bill*

Amend Section 926 to exempt startups from SEC filing, state regulation, and 120-day review.
Strike Section 412 to prevent 77% of current angel investors from losing their accreditation.

Petition to Stop the Repeal of Reg D

Monday, May 17, 2010

ANGEL INVESTOR AMENDMENT PASSES

Cut and pasted below is the full text of a press release posted today on the Senate Banking Committee site. Congratulations to the startup community and to the legislators in Congress who listened and protected startups and angel investing!

May 17, 2010

WASHINGTON, D.C. – A bipartisan group of Senators tonight scored a victory that will provide strong protections for investors while promoting small business startups vital to job creation. A bipartisan amendment sponsored by Senators Kit Bond (R-MO) and Senate Banking Committee Chairman Christopher Dodd (D-CT) and co-sponsored by Senators Mark Warner (D-VA), Scott Brown (R-MA), Maria Cantwell (D-WA) and Mark Begich (D-AK) was adopted by voice vote as part of the financial reform bill being debated in the Senate.
The Senators’ amendment which passed tonight will ease restrictions in the financial reform bill for accredited investors. The amendment promotes small business startups by speeding and increasing the availability of essential seed capital from qualified investors. Specifically, the Bond, Dodd, Warner, Brown, Cantwell and Begich amendment eliminates the language in the underlying bill that required a 120 day Securities and Exchange Commission review period for investors that prove an annual income in excess of $200 thousand and net worth totaling more than $1 million.
Promoting investments in startups is particularly important as the nation’s unemployment rate continues to hover just under 10 percent and the necessity for small business job creation remains critical. The amendment also seeks to promote integrity in private placements and protect would-be investors and the American public from fraud by prohibiting felons and other known bad-actors from seeking to raise investment and capital.
“We all agree that we must reform Wall Street, but we must not punish Main Street and the very small business startups that are so critical to job creation,” Bond said. “The adoption of this bipartisan amendment will protect the small business startups vital to job creation across the country. This a major victory for Main Street and a significant win for the booming biotech industry in Missouri.”
“This amendment recognizes the valuable role played by angel investors in supporting new, innovative businesses,” said Dodd. “It finds a way to protect investors from fraud, preserving the intent of the original language, while promoting economic growth.”
“Limiting access to start-up capital does nothing to encourage innovation or boost our nation’s competitiveness,” Warner said. “Our bipartisan amendment ensures that angel investors will be able to continue to provide critical financing for new entrepreneurs and promising young companies.”
“Ensuring that start-up companies are able to raise money quickly is critical to getting our economy back on track,” said Brown. “This amendment goes a long way to do that by changing provisions in the underlying bill that would have saddled entrepreneurs with increased regulatory burdens. I would have preferred to completely eliminate these provisions, but what is most important is that we have dramatically rolled them back in this bi-partisan compromise amendment that I am pleased to support. I will continue to work to ensure that small businesses have all the tools necessary to create jobs in this country.”
“Congress should be helping innovators and entrepreneurs get the capital they need to invest in the businesses and workers of tomorrow,” Senator Maria Cantwell (D-WA) said. “This amendment will make it easier for our nation’s small businesses to do what they do best: innovate, hire and move our nation out of its economic stalemate. Washington state has an active and engaged community of angel investors – this amendment eliminates needless delay so that they can get busy financing the well-paying jobs of tomorrow.”
“With unemployment rates at record highs, making it possible for small businesses to get started, move forward and create jobs is a positive and vital step in this economy,” Begich said. “Small businesses are the backbone of Alaska’s economy and I am pleased this invaluable source of working capital for job creation and entrepreneurs is part of the reforms the legislation will bring. I am committed to reform of Wall Street, but we need to make sure Main Street can still succeed.”
The bipartisan Bond-Brown-Cantwell-Warner amendment is strongly supported by the U.S. Chamber of Commerce, the Angel Capital Association, the Financial Services Roundtable, the North American Securities Administrators Association, Private Equity Council and several other pro-growth organizations.
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Saturday, May 15, 2010

Resources for Contacting Your Senators About Supporting the Amendment to Save Reg D

The following is adapted from my post this morning on Wac6.com.

The Angel Capital Association has gathered some useful links to make it easier for entrepreneurs, angels and other startupers to let their US Senators know that startupland supports SA 4037.

Here is a link to the web form mail templates for each US Senator. The ACA has a model form of letter that you could use or borrow from, too.

I live in Washington State, so I have written Senator Murray to ask her to support the amendment. I also wrote Senator Cantwell to thank her for her leadership on this. It makes sense that a senator from Washington State would vote to save startup innovation, angel investing and job creation, as Seattle and other parts of the state thrive on this economic and intellectual activity. But insofar as most new jobs throughout America are created by new businesses, it makes sense for senators from every state to support SA 4037.

Friday, May 14, 2010

The Amendment to Get Behind Has Arrived

Please see tweets from Joe and from me this morning with breaking news on an amendment to Senator Dodd's bill that would save Reg D.

Now is the time to contact your Senators in Washington DC and tell them to support SA 4037, introduced by Senator Bond of Missouri and co-sponsored by Senators Cantwell of Washington, Warner of Virginia and Brown of Massachusetts.

Monday, April 26, 2010

ABA Business Law Section urges deletion of Section 926 of Dodd bill

The American Bar Association Section of Business Law has publicly posted a letter to Senators Dodd and Shelby that criticizes Section 926 and urges that it be eliminated entirely. The letter can be found here. The letter echoes many of the specific concerns about Section 926 that have been discussed on this blog and elsewhere, and states that:

In the absence of compelling testimony and definitive empirical data indicating that the private offering process is seriously flawed, the worst thing the Senate could do, especially against the backdrop of the challenges our economy currently faces, would be to tamper with this significant component of our capital markets.

Friday, April 23, 2010

Frightened Angels

Frightened Angels Good article about the current state of affairs.

Thursday, April 22, 2010

Hopeful News

Dan Rosen, Joe Wallin and William Carleton have an article over on Tech Flash with hopeful news. It looks as though amendments that will largely fix the Dodd bill have been drafted, and may be soon introduced by Senator Dodd himself. However, until the amendments are offered and passed, we're not out of the woods. Please keep the pressure up by going to http://savestartups.2gov.org and signing this site's petition if you haven't already.