Bennett Yankowitz

SEC Determines ICO’s Can Be Subject To Federal Securities Laws

SEC Determines ICO’s Can Be Subject To Federal Securities Laws

Bitcoin and cryptocurrencies have gone in and out of fashion since being introduced in late 2008.  A new twist has recently come to the fore, the Initial Coin Offering (ICO), which has been used to raise over $1 billion in capital in the U.S.  An ICO is a form of crowdfunding utilizing cryptocurrencies such as […]

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Equity Crowdfunding: The Video

Check out our new video on equity crowdfunding: For more information on equity crowdfunding please visit our sister site, crowdfundinglawyer.us, and our infographic comparing alternatives for raising capital in private transactions, including equity crowdfunding, Reg A+, and Rule 506(c) offerings.  

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California Legalizes Payment of Finders Fees

By on May 16, 2016 in Raising Capital with 0 Comments
California Legalizes Payment of Finders Fees

Payment of finders fees has long been a grey area of the law.  Because the receipt of a fee or commission on the sale of property is a key element in the definition of a broker, the widespread practice of paying finder’s fees to unlicensed persons has always had a whiff of  illegitimacy.  In the context of […]

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Equity Crowdfunding Goes Live!

Equity Crowdfunding Goes Live!

After a long wait, the SEC’s equity crowdfunding rules went in effect today, May 16, 2016.  For the first time in the U.S., startups and other businesses can sell stock and other securities by listing on equity crowdfunding websites (known as “portals”). Unlike the popular crowdfunding sites such as Kickstarter and IndieGoGo, which do not allow […]

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Infographic on Raising Capital Over the Internet

By on March 19, 2016 in Crowdfunding with 0 Comments
Infographic on Raising Capital Over the Internet

We are pleased to announce the publication by our sister site, crowdfundinglawyer.us, of a brand-new Infographic on Raising Capital on the Internet. There appears to be much confusion between the four major methods of raising capital for start-ups and growing business on the web: Private positioning web sites, easily accessible only by certified investors, Reg A+ […]

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SEC Approves FINRA’s Equity Crowdfunding Rules; Portals may now Submit Applications

By on February 13, 2016 in Crowdfunding with 0 Comments
SEC Approves FINRA’s Equity Crowdfunding Rules; Portals may now Submit Applications

Registration now Open for Crowdfunding Portal Licenses Equity crowdfunding took a step closer to becoming a reality in the U.S. when on January 29, 2016 the Securities and Exchange Commission (SEC) approved the rules of the Financial Industry Regulatory Authority (FINRA) governing crowdfunding portals.  Starting that date, companies running equity crowdfunding web platforms may submit applications to the SEC and […]

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Is Regulation A+ Really Crowdfunding?

Is Regulation A+ Really Crowdfunding?

The SEC’s revamped Regulation A, known informally as Regulation A+, went into effect on June 19, 2015.  There have been many reports in the press, including the Los Angeles Times, mistakenly implying that Reg A+ has legalized equity crowdfunding.  In fact, equity crowdfunding and Regulation A+ are two entirely separate topics. Regulation A+ loosens the rules for […]

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Is it Legal to Charge a 5 Percent Late Fee for Rent?

By on April 1, 2015 in Real Estate with 0 Comments
Is it Legal to Charge a 5 Percent Late Fee for Rent?

In a word, NO. At least in California. Printed form leases for apartments and other residential real estate almost always have a clause that adds on a late fee for rent, often in the range of 5 to 6 percent.  In California, many landlords use one of the standard lease forms provided by the California […]

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SEC adopts Final Regulation A+ Rules

By on March 30, 2015 in Raising Capital with 0 Comments
SEC adopts Final Regulation A+ Rules

On March 25, 2015, the Securities and Exchange Commission (SEC) adopted its long-awaited final rules overhauling its Regulation A+.  The full text of the rules can be found at this link to the SEC’s website. The final Rules implement Section 401 of the JOBS Act, which Congress enacted in January 2012 to ease the process of […]

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California Fracking Regulations to Go Into Effect on July 1, 2015

By on March 18, 2015 in Oil and Gas with 0 Comments
California Fracking Regulations to Go Into Effect on July 1, 2015

California’s new regulations governing the fracking of oil and gas wells, as well as other forms of well stimulation, were adopted on December 30, 2014 and will go into effect on July 1, 2015.  Our previous blog post discussed the interim regulations, adopted pursuant to SB4, which came into effect in September 2013.  The final regulations are […]

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