US regulators lifted the ban on general
solicitation by funds, but market uncertainty has stalled its
use. Marianne Hudson from the Angel Capital Association
addresses the leading concerns
In 2013, the US Securities and Exchange Commission issued
rules allowing entrepreneurs to publicly advertise private
investment offerings. Lifting the ban on general solicitation
has altered the landscape for startups and investors and has
led to inconsistent legal advice. Attorneys representing
international issuers looking to raise capital in the US should
ensure that their clients are aware of the general solicitation
rules so that they understand their pros and cons and decide
whether or not to take advantage of general solicitation before
they begin contacting angel investors.
General solicitation is one of five initiatives in the Jobs
Act Congress passed in 2012 to help startups access more
capital for growth and job creation. The new general
solicitation rules, although not discussed as...