September 25, 2012
The rules against general solicitation have resulted in a playing field for smaller reporting companies that is not level in relation to larger public entities and others who operate outside the stringent SEC rules for reporting companies. This ultimately results in stifled economic opportunities on many fronts and has an overall dibilitating effect on american business in general. Small business drives the American economy, and small public companies are a critical part of that sector.
Relaxing the rules against general solicitation will act as a solid driver for small business.
Investors should also still be allowed to make statements as to certifying their own qualifications. Placing small business in the posture of investigating and judging investors' qualifications is an unreasonable burden that will ultimately be found to result in egregious errors one way or the other, potentially resulting in actions against the issuers for their errors.
Hedge funds and crowd funding efforts should not be allowed to run rampant in these areas, as they are substantially different from smaller reporting companies that do their best to comply with disclosures and provide transparency for investors. To that extent, smaller reporting companies are far better candidates to be advantaged by the loosening of restrictions on general solicitation.
These actions will not result in adversity to investors, and may well be the catalyst for energizing small business growth at a time when we need it most.