The JOBS Act and SEC Rulemaking (Fall 2013)

Posted by bradlemn on Monday, September 16, 2013 in Roundtables.

In this Roundtable our authors looked at the rulemaking authority of the Security and Exchange Commission (“SEC”) under the JOBS Act of April 2012 and proposed some recommendations to the SEC.

Professor Andrew A. Schwartz and practitioner Douglas S. Ellenoff have each considered the public policy rationales, legislative history, and congressional intent of Title III of the JOBS Act, which allows for the sale of unregistered securities via crowdfunding. Professor Usha Rodrigues looked at Title II of the JOBS Act, which requires the SEC to lift the ban on general soliciation and advertising of securities, provided they are sold only to accredited investors. All of the authors offer their views on how the SEC should approach the rules the Commission is required to promulgate under the Act. We hope your enjoy their analysis and views on how the SEC should proceed.