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HTMLCrowdfunding Proceeds May Be Taxable
Ted Citrome; Cassels Brock & Blackwell LLP;
Legal Alert/Article
October 8, 2013, previously published on October 7, 2013
Crowdfunding has been defined as “the practice of funding a project or venture by raising many small amounts of money from a large number of people, typically via the Internet”. Crowdfunding has been used to support various activities, ranging from disaster relief and political...


HTMLThe Changing Landscape of Seed Stage Financing, Part III: Revisiting the Debt vs. Equity Dilemma
Edwin Thom Rumberger; Foley & Lardner LLP;
Legal Alert/Article
September 26, 2013, previously published on September 24, 2013
In the third and final installment of this blog post series, we’ll return to last week’s question (Should I sell convertible debt or equity?), and consider the other side of the coin: choosing equity instead of debt. We’ll need to ask the gating question, though: What type of...


HTMLSBIC Debentures Remain an Inexpensive Source of Capital Despite Pricing Increase
Kate L. Price, Alan B. Roth; Edwards Wildman Palmer LLP;
Legal Alert/Article
September 24, 2013, previously published on September 2013
The September 2013 pooling of Small Business Investment Company (“SBIC”) debentures was priced at 3.644%. This most recent semi-annual pricing of SBIC debentures reflected an increase to the March 2013 pricing of 2.351%, but it is still well below the historical average rate for SBIC...


HTMLThe Changing Landscape of Seed Stage Financing, Part I: Choosing Your Investors
Foley Lardner LLP;
Legal Alert/Article
September 18, 2013, previously published on September 12, 2013
As a startup founder, you have burned through a lot of your own savings (and maxed out the proverbial credit cards), but thankfully you have an MVP (minimal viable product) or better, and now are ready to raise your first seed financing. You are faced with a number of questions, several of which we...


Adobe PDFTSX Venture Exchange Implements Amendments to Incentive Stock Option Policy
Sherri Altshuler, Melanie Cole; Aird & Berlis LLP;
Legal Alert/Article
May 15, 2013
On May 8, 2013, the TSX Venture Exchange (the “TSXV”) implemented amendments to Policy 4.4 - Incentive Stock Options (“Policy 4.4”) which are effective immediately. Most of the amendments clarify and provide guidance on existing requirements and procedures. However, certain...


HTMLRecent SEC Settlements Serve as Cautionary Tale About the Use of Unregistered Broker-Dealers by Investment Advisers
Courtney Patrick Mitchell, Victor B. Zanetti; Andrews Kurth LLP;
Legal Alert/Article
March 28, 2013, previously published on March 21, 2013
The Securities and Exchange Commission (SEC) recently announced settlements involving a private equity firm, its former senior managing director, and an individual “finder” who solicited investors as an independent consultant for the firm. These settlements serve as a reminder to...


HTMLFuture Energy Startup-Investor Pitch in Collaboration with the MIT Clean Energy Prize: April 4th (Applications due March 6)
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 8, 2013, previously published on March 5, 2013
Ultra Light Startups recognizes that game-changing ideas in alternative and renewable energy require capital to develop. Ultra Light also knows that investors are looking for companies and ideas with breakthrough potential. That is why Ultra Light hosts monthly pitch events. If you are an...


HTMLSEC Issues Guidance on Broker-Dealer Registration Exemption in Title II of the JOBS Act
Alan Bickerstaff, William J. Cooper, Jeff C. Dodd, Edward (Ted) A. Gilman; Andrews Kurth LLP;
Legal Alert/Article
February 21, 2013, previously published on February 20, 2013
The staff of the Securities and Exchange Commission’s Division of Trading and Markets (Staff) recently issued frequently asked questions (FAQs) providing guidance about the broker-dealer registration exemption in Title II of the Jumpstart Our Business Startups Act (JOBS Act).


HTMLVTB Capital -v- Nutritek (UK Supreme Court): A Convenient Veil Drawn Over a Difficult Question
Rod J. Cowper, Mark Deem; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 12, 2013, previously published on February 2013
On 6 February 2013 the UK Supreme Court refused to allow the doctrine of 'piercing the corporate veil' to be used to bind a shareholder to a contract entered into by its company. However, the decision leaves the scope of the doctrine under English law in some disarray and it may perhaps be...


HTMLFiscal Cliff Legislation Extends Tax Incentive to Invest in Small Businesses
Evan M. Bienstock, Daniel I. DeWolf, Samuel Effron, Garrett Johnston; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 29, 2013, previously published on January 18, 2013
As a result of the recent “fiscal cliff” legislation, otherwise known as the American Taxpayer Relief Act of 2012 (2012 Tax Act), many individual investors are expecting future tax increases, either in the form of higher capital gains tax on their investment profits or higher income...


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