The PIPE market has proven to be resilient during times of stress.  In 2023, issuers raised over $33.8 billion in 809 PIPE transactions according to PrivateRaise.  This is considerably less than in 2021 during which issuers raised over $108.8 billion.  However, PIPE transaction activity has accelerated during the first five months of 2024.  Between

Introduced under Title III of the JOBS Act, Regulation Crowdfunding (“Regulation CF”) was promulgated to allow startups and emerging companies to raise capital from a wider pool of investors through equity crowdfunding platforms.  Regulation Crowdfunding allows non-accredited investors to invest through these platforms.  Currently, a company may raise up to $5 million in a 12-month

Not long ago, the SEC hosted the Annual Small Business Forum.  The Forum provides an opportunity to consider a broad array of issues affecting private companies as well as smaller public companies seeking to raise capital and allows the public an opportunity to comment and suggest policy recommendations.  In the last few years, the SEC

The Securities and Exchange Commission announced that on February 27, 2024, the Small Business Capital Formation Advisory Committee will hold a meeting, which will be webcast. The SEC Office of the Advocate for Small Business Capital Formation will provide an overview of its 2023 report, about which we previously blogged. The Committee will then

The Securities and Exchange Commission recently published its report on the Government-Business Forum on Small Business Capital Formation, which generates recommendations from participants that the SEC considers. The recommendations from participants included, among others, the following:

  • Expand the accredited investor definition
  • The Securities and Exchange Commission recently an announced an upcoming meeting to be held on September 19, 2023.  The agenda includes a discussion with the SEC’s Division of Corporation Finance relating to its role in capital formation.  There have not been any recent SEC proposed rulemakings related to this area recently.  However, the agenda does

    In early June, the US House of Representatives passed two sets of bills focused on promoting capital formation. The bipartisan effort included bills that amend the accredited investor definition in order to increase the diversity of investors participating in the private markets. In addition, as the IPO market continues to suffer, the packages include bills that would

    On May 9, 2023, FINRA issued Regulatory Notice 23-09 (the “Notice”), seeking comment on any modifications that could be made to FINRA’s rules, operations and administrative processes to further promote capital formation while maintaining investor protection.

    In addition to the open-ended request, the Notice sets forth the following ten questions for commenters to consider: 

    • Are

    The Securities and Exchange Commission’s Office of the Investor Advocate held the 42nd Annual Small Business Forum—this time convening panels over four days on various topics, including trends and challenges affecting early stage businesses, smaller funds, and accessing the public markets and raising capital by smaller public companies.  The Small Business Forum also solicits

    According to data aggregated by Carta, an ownership and equity management platform, private capital raising trends noticeably shifted in 2022.  Companies in Carta’s database raised $107 billion in 6,123 deals in 2022.  Overall, deal count declined by 29% and capital raised dropped by 50% in 2022 compared to 2021.  While venture deals in 2021 broke