Redrawing the Public-Private Boundaries in Entrepreneurial Capital-Raising — The Harvard Law School Forum on Corporate Governance

Small business of-interest and need-to-know.

Excerpt:  In our article, Redrawing the Public-Private Boundaries in Entrepreneurial Capital Raising, we examine what the JOBS Act (enacted earlier this year) tells us about the division between the public and private spheres in securities regulation. On its face the JOBS Act broadly expands the private realm as defined by our national securities laws. It provides two new exemptions from registration (crowdfunding and Regulation A+) and will broadly expand the reach of the most-used existing exemption from registration by removing the ban on general solicitation from exempt offerings made pursuant to Rule 506, provided they are made only to accredited investor. Yet legislative reform has done little to shore up the shaky foundation of existing theory that guides how we have thought about dividing public from private obligations in this area of the law.

Read full article via Redrawing the Public-Private Boundaries in Entrepreneurial Capital-Raising — The Harvard Law School Forum on Corporate Governance and Financial Regulation.

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