The SEC cares about you raising money

The SEC cares about you raising money

Professional · Murrieta, CA · Member since 2013 · 405 posts · 458 votes

This is a post I put on FB about raising money through advertising: 

For all of you that think that the SEC doesn't care about your general solicitation, you could not be more wrong. Today the SEC came out with this as part of their complaint against a defendant selling private securities:

"Respondents did not have pre-existing, substantive relationships with a number of the Fund’s investors and engaged in a general solicitation of public interest in the offering through Fund's website and traditional media interviews."

It continues to be unlawful to solicit for investors outside an applicable exemption such as one under Rule 506(c). This means solicitation on FB, FB pages, your website, Linked In, other social media, or standing up in the front of the room at your local REIA and asking "does anyone want to invest?"

Ask yourself: "do I really have a pre-existing, substantive relationship with all of my FB friends or all of those in that FB group I just posted to?" Such a relationship is "intimate knowledge of one's financial ability to invest." You can achieve this through an investor qualification form and that is the safest way to achieve such a relationship.

I see this type of offense all the time and people always have an excuse as to why the rules don't apply to them...until they do apply to them.

By the way, the defendant above raised a total of $567,000 - not millions of dollars. So if you don't think the SEC will care about "little ol' you" you couldn't be more wrong. You are what is referred to as "low hanging fruit."

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Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
7y

@Jillian Sidoti

Hi Jillian,

Too bad they don't allow the sales pitch and then the weeding out the wheat from the chaff using the accredited investor qualification form.

It would mean more business for us and for you to.

I guess it's up to congress as to how that goes.

But it would be a nice boost to have it that way. Like weeding through job applications.

I guess this way, the voters who they prohibit from participating don't know what they are missing and will still vote for them.

Just my 2 cents.

Scott...

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  • Specialist · San Antonio, TX · Member since 2015 · 909 posts · 297 votes
    7y

    thanks @Jillian Sidoti Ive been saying the same thing, I see it so much with posers saying they are apartment buyers but all they really do is assing and skim, or others blatenly posting on social media that they are looking for investors for future deals who wants to join etc.

  • Rental Property Investor · Harrisburg, PA · Member since 2018 · 369 posts · 406 votes
    7y

    @Jillian Sidoti I have a question.  This does not apply to me, I'm merely curious.  If I had a proper Accredited Investor Qualification Form filled out by some of the FB group members and they are not actually accredited, what kind of liability would that open me up to, or would it be on them? (I am not even on FB, but I have seen some similar Linked-in solicitations in the past.)  

  • Professional · Murrieta, CA · Member since 2013 · 405 posts · 458 votes
    7y

    There isn't much in terms of liability unless their money was taken. 

  • Rental Property Investor · Harrisburg, PA · Member since 2018 · 369 posts · 406 votes
    7y

    Understood, thank you for the response!

  • Rental Property Investor · West Palm Beach, FL · Member since 2017 · 262 posts · 136 votes
    7y

    Does this apply to crowd funding as well? I was at a REI meeting where that was the focal point of the discussion and how to use it advantageously. From what I understood, you can raise up to $1,000,000 through this resource.

  • United States · Member since 2015 · 401 posts · 394 votes
    7y

    @Jillian Sidoti I know you touched on it briefly, but I'm curious if you'd share your further take on what a "pre-existing relationship" is. With it not being well defined under Reg D, I think it creates opportunity for interpretation and potential trouble for those who interpret it the wrong way.

  • Professional · Murrieta, CA · Member since 2013 · 405 posts · 458 votes
    7y
    Originally posted by @Allyssa McCleery:

    Does this apply to crowd funding as well? I was at a REI meeting where that was the focal point of the discussion and how to use it advantageously. From what I understood, you can raise up to $1,000,000 through this resource.

     Good question. This refers to offerings done under Regulation CF which can only be conducted on registered crowdfunding platforms. There is only one that I know of that currently caters to real estate and that is smallchange.org. I am not a huge fan of Regulation CF as investors tend to invest very little money on average ($250 average investment per investor) and the platform has to make money, so they charge to. Any offering under this rule not on a registered platform is illegal and no, no one has to be accredited in order to invest. However, no one can invest more than 10% of their net worth or net income or more than $10,000, whichever is less if they are not deemed accredited. It is a pain in the butt if you ask me. 

  • Professional · Murrieta, CA · Member since 2013 · 405 posts · 458 votes
    7y
    Originally posted by @Michael Bishop:

    @Jillian Sidoti I know you touched on it briefly, but I'm curious if you'd share your further take on what a "pre-existing relationship" is. With it not being well defined under Reg D, I think it creates opportunity for interpretation and potential trouble for those who interpret it the wrong way.

    It is the "intimate knowledge of one's financial ability to invest." This can be accomplished with an accredited investor qualification form as mentioned above. 

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    7y

    @Jillian Sidoti

    Hi Jillian,

    Too bad they don't allow the sales pitch and then the weeding out the wheat from the chaff using the accredited investor qualification form.

    It would mean more business for us and for you to.

    I guess it's up to congress as to how that goes.

    But it would be a nice boost to have it that way. Like weeding through job applications.

    I guess this way, the voters who they prohibit from participating don't know what they are missing and will still vote for them.

    Just my 2 cents.

    Scott...

  • Rental Property Investor · TX · Member since 2019 · 303 posts · 364 votes
    7y

    I know quite a few accredited investors that are not qualified to invest. I would not trust them with my money! 

    I determine an investor's qualifications based upon my own "intimate knowledge" of their financial intelligence, not whether they meet some government imposed qualification standard of their abilities. Usually only takes a few minutes!

    There are ways to easily avoid breaking SEC rules when you understand them.

  • Attorney · Columbus, OH · Member since 2015 · 22 posts · 15 votes
    7y

    @Jillian Sidoti I have been preaching this to clients and real estate investors/entrepreneurs FOREVER. Thank you for sharing this. 

    I always suggest either find an exemption that permits general solicitation, or develop a substantive relationship prior to any conversation about the investment. You are spot on... no one is the exception to the standard the SEC and State Securities Commission's place on those raising private capital. The SEC's latest complaint shows this in its truest form. 

  • Real Estate Consultant · Evergreen, CO · Member since 2018 · 1k+ posts · 726 votes
    7y

    @Jillian Sidoti well stated.

  • Rental Property Investor · West Palm Beach, FL · Member since 2017 · 262 posts · 136 votes
    7y

    @Jillian Sidoti That makes a lot of sense. I agree it seems like much more effort than it is worth with splitting profits and paperwork. I am sure there are people out mastering it right now, though! Thank you for the insight. 

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