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A proposed Colorado Crowdfunding Act will dramatically increase the number of investors for intrastate private placements in that state.
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A proposed Colorado Crowdfunding Act will dramatically increase the number of investors for intrastate private placements in that state.Normally, only accredited investors can invest in a private placement, meaning the investor must make at least $200,000 annually and have a $1 million net worth. The proposed legislation allows any Colorado resident to invest up to $5,000 in any Colorado company. "The challenge right now with a Colorado company trying to raise money is if they want to get outside investors, wealthy investors or venture capitalists, they have to go through such a labyrinth of securities laws and lawyers," Rep. Dan Pabon, D-Denver, said. The overwhelming cost and burden is on that particular business."Not only must the company and its investors to be based in Colorado, but at least 80% of the proceeds from the private offering must be spent in Colorado. Companies can raise up to $1 million without audited financial statements and up to $2 million with audited financial statements. Full disclosure of all risks is required. (Taking money without full disclosure can constitutes fraud.) After funding, companies must provide quarterly reports to all investors.The offering documents must highlight risk of loss and lack of liquidity to avoid problems with investors when and if things go wrong. If passed and signed into law, intrastate equity crowdfunding should start in the first quarter of 2016 in Colorado. Douglas Slain: 808-238-0398, [email protected].