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Finders: Is the SEC Finally Ready to Clarify this Cloudy Issue for Startups and Other Private Companies?

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  • April 22, 2021

Alonzo Llorens and Olivia Daly wrote an article in Crowdfund Insider about an issue that has frustrated startups, tech companies, and others in the business community for years: whether "finders" who help companies raise money are violating securities laws. 

"The U.S. Securities and Exchange Commission (SEC) published a proposed conditional exemption for finders on October 7, 2020," Alonzo and Olivia wrote. "Under the proposal, people (i.e., finders) seeking to assist companies or issuers in raising capital – for a fee – will have a non-exclusive safe-harbor from the broker-dealer registration requirement under Section 15(a) of the Securities Exchange Act of 1934, as amended." 

"Since then, however, a new U.S. president has brought in a new leadership team, and the SEC has received a mix of positive and negative comments with respect to the proposal," they continued. "How Biden’s recently confirmed SEC Chair Gary Gensler approaches the proposal is a key issue to watch in the coming months." 

You can read their analysis of the proposal and what SEC staff are currently saying about it here: Finders: Is the SEC Finally Ready to Clarify this Cloudy Issue for Startups and Other Private Companies?

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