Limits on Advertising and Promoters; Title III of the Jumpstart Our Business Startups (JOBS) Act of 2012

An issuer may not advertise the terms of a Regulation Crowdfunding offering except in a notice that directs investors to the intermediary’s platform and includes no more than the following information:

  • (a) a statement that the issuer is conducting an offering pursuant to Section 4(a)(6) of the Securities Act, the name of the intermediary through which the offering is being conducted, and a link directing the potential investor to the intermediary’s platform;
  • (b)the terms of the offering, which means the amount of securities offered, the nature of the securities, the price of the securities, and the closing date of the offering period; and
  • (c)factual information about the legal identity and business location of the issuer, limited to the name of the issuer of the security, the address, phone number, and website of the issuer, the e-mail address of a representative of the issuer, and a brief description of the business of the issuer.

Although advertising the terms of the offering off of the intermediary’s platform is limited to a brief notice, an issuer may communicate with investors and potential investors about the terms of the offering through communication channels provided on the intermediary’s platform. An issuer must identify itself as the issuer and persons acting on behalf of the issuer must identify their affiliation with the issuer in all communications on the intermediary’s platform.

An issuer is allowed to compensate others to promote its crowdfunding offerings through communication channels provided by an intermediary, but only if the issuer takes reasonable steps to ensure that the promoter clearly discloses the compensation with each communication.

See S.E.C. website for more information.

Need help navigating the crowdfunding process?  New regulations in crowdfunding can be cumbersome especially maneuvering Issuer Disclosure, Limits on Advertising and Promoters, Restrictions on Resales, Exemption from Section 12(g), the  Bad Actor Disqualification and other regulations the Securities and Exchange Commission adopt.  We are here to help.  From your pitch deck to your business plan to choosing which crowdfunding site to launch you campaign, Cervitude Intelligent Relations Consultants can guide you and your firm.  Contact us today to discuss how to launch your successful crowdfunding campaign.

Limits on Advertising and Promoters; Title III of the Jumpstart Our Business Startups (JOBS) Act of 2012

 

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