Crowdfunding may be more bust than windfall

Published on NewsOK Modified: April 24, 2013 at 4:37 pm •  Published: April 24, 2013

NEW YORK (AP) — Small businesses looking for a windfall of investor money from crowdfunding may find that it's more of a bust.

President Barack Obama and members of Congress have touted a law that makes crowdfunding, a method of soliciting money over the Internet, as a way for startups and other small companies to raise money and create jobs. A year after the law was passed as part of the Jumpstart Our Business Startups, or JOBS, Act, entrepreneurs wanting to raise as much as $1 million annually from online investors are still waiting to get going. The Securities and Exchange Commission is in the process of writing rules to regulate the process.

But business owners anticipating their chance to solicit online investments may not want to count on crowdfunding to finance their entrepreneurial dreams. People involved in small business investing warn that many entrepreneurs will find that potential investors aren't interested in their ventures because they don't have an attractive track record or look like they'll provide a good return.

"I think there's going to be an enormous amount of companies that go online, and nothing happens," says Brian Cohen, chairman of New York Angels, a group of angel investors. Angel investors are individuals who are willing to invest in very small or young companies.

There's likely to be a fundamental difference between the expectations of entrepreneurs and investors, Cohen says. The entrepreneurs will want money to build their companies, and may not be thinking in terms of returning the cash to their investors. Investors will want to see their investment grow — so they can sell and take a profit.

"These are nice businesses, a lot of mom and pops, but there's no clear method in which an investor can get a return," Cohen says.

Crowdfunding isn't expected to be a jackpot for investors because even the savviest investors — those at venture capital companies — don't have a great success rate. Three-quarters of U.S. companies that get venture capital investments don't return their investors' money, according to Shikhar Ghosh, a senior lecturer at Harvard Business School. The National Venture Capital Association, a trade group, estimates that between 25 percent and 30 percent of companies that receive venture funding fail.

The JOBS Act allows companies to raise up to $1 million a year. It aims to protect individual investors by limiting the amount they can put into a company. People with annual income or net worth of $100,000 or more can invest no more than 10 percent of their income or net worth, up to a maximum of $100,000. People whose net worth or annual income is below $100,000 are subject to lower limits on potential crowdfunding investments.

Crowdfunding websites can't start soliciting smaller companies and potential investors until the SEC finishes rules governing the process. The JOBS Act called for the rules to be completed at the end of 2012, but SEC officials told a House hearing on April 11 that they don't know when the agency will be able to issue the rules, which they described as complex.

It's taking time because the SEC is wary about small businesses, says James Angel, a Georgetown University associate professor who specializes in financial markets regulation.

"The way they look at it is, small companies are very risky and therefore bad investments," Angel says. "They say, we are serving the public interest by protecting investors by keeping them from raising money in the capital markets."

"My fear is that the SEC will weigh this thing down with so many requirements that no one will use it." Angel says. "There's nothing in the (JOBS) Act to prevent the SEC from requiring these companies to actually file a full-blown 10-K just like larger companies do now."

A Form 10-K is an annual report that publicly traded companies must file with the SEC disclosing their finances and other significant information. They also must file quarterly reports and other documents throughout the year. That could be a large financial and administrative burden.

The SEC is likely to make the requirements tough because it has failed in recent years to detect fraud in the markets — most notably, the billion-dollar scheme created by Bernard Madoff, says Scott Shane, a professor of entrepreneurship at Case Western Reserve University's Weatherhead School of Management.

"If you're someone like the SEC, you're going to get in trouble if there's a big fraud and you don't catch it," Shane says. You're going to be conservative about writing the rules."

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