Crowdfunding Law

Our lawyers have been following the developments in crowdfunding after the passage of the JOBS Act, the federal statute credited with expanding its use.

Olshan corporate partner Spencer Feldman was a Member of the ABA Federal Regulation of Securities Drafting Committee for the Response to the SEC’s Crowdfunding Securities Exemption and has written extensively on equity-based crowdfunding and emerging company capital formation. Olshan real estate partner Thomas Kearns has written extensively on the use of crowdfunding in real estate transactions.

A sampling of their recent articles and seminars is below.

• A Balanced Proposal For Equity-Based Crowdfunding by Spencer Feldman (co-author)
• SEC Clarifies Position on Unregistered Broker-Dealer Sponsors of Internet Funding Networks by Spencer Feldman (co-author)
• Top 5 Legal Issues in LLC Agreements for Crowdfunders by Thomas Kearns
• Get Ready for Real Estate Crowdfunding and More Advertising for Investors by Thomas Kearns
• The Nascent Real Estate Crowdfunding Market at PLI’s Crowdfunding and Online Direct Lending (Peer-to-Peer) 2014 by Thomas Kearns

Crowdfunding law encompasses several fields including federal and state securities laws, corporate and LLC governance, and shareholder and LLC agreements.

In real estate crowdfunding, the crowdfunding laws intersect with the laws governing mortgage loans where the crowdfunding advance is in the form of a mortgage loan and with the disclosure laws involving the sale of condominiums and cooperatives.

Please also visit our Emerging Company Practice webpage.