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Guest post by Richard Brownstein, CFP of The Sound EntrepenuerEquity-based crowdfunding has become an increasingly popular funding option for arts and entertainment entrepreneurs in recent years—and its popularity may be about to explode.The reason: Until recently, only very wealthy investors who were deemed to be “accredited” by the SEC were able to participate in equity crowdfunding ventures. That all changed in October, when a new rule allowed non-accredited investors to join the party. Now, just about anybody looking to invest in a film, live production or other entertainment project can do so.- Equity crowdfunding is not Kickstarter and Indiegogo. The most well-known crowdfunding companies are rewards-based: People give money to projects they think are cool, and in return they get exclusive rewards—which might range from basic (t-shirts) to big (a paid visit to a movie set) depending on the amount donated.
- The new non-accredited investor rule makes it easier than ever to raise capital. Arts and entertainment entrepreneurs looking to fund their projects can now send out e-mail blasts, put up banner ads on websites, and use online crowdfunding portals like Crowdfunder or RocketHub to get the word out to the world—and they can now accept capital from virtually anyone. Although SEC filings are required in most cases, entrepreneurs don’t have to get SEC approval to ask the masses for money via the Internet.
- There are two main tiers of non-accredited investor equity crowdsourcing options to consider.
- Tier 1 allows entrepreneurs to crowdfund up to $20 million over a 12-month period from any type of investor—with no limit on the amount of money they can gather from each investor. Entrepreneurs using this approach have a state registration requirement, but don’t have to provide audited financial statements or annual reports—which could result in significant cost and time savings.
- Tier 2 allows $50 million to be raised over a 12-month period from anyone. However, this tier comes with a per-person limit: Each non-accredited investor can invest up to 10% of his or her income or net worth (whichever is higher). That means someone has to review and confirm that each investor follows the rules. Entrepreneurs also must provide audited financial statements and reports on an ongoing basis.
- Crowdsourcing comes with potential pitfalls and issues. When entrepreneurs bring in any investor, they need to set expectations about the level of access and input that investor has in the overall entrepreneurial mission. It’s common for angel investors and others to try to exert significant control and bend the entrepreneur’s vision to match their own. Obviously that problem could grow exponentially when bringing in scores or even hundreds of crowdsourced investors—any number of whom might “have a few notes” to share.
- Crowdfunding has big benefits beyond the cash. One of the best things about courting “regular people” through crowdfunding is the ability for entrepreneurs to build a devoted, dedicated community of fans who are motivated to make the project a big success. As Sacks pointed out: “You're creating an audience of people who are extremely vested—not just invested, but vested—in the outcome of the production. And there's no better support for you than a peer-to-peer recommendation. If somebody has invested in something, they'll deputize within their community to ensure that they, their two friends, and everybody else goes to see the film.”
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