Access to capital or just more blues? Issuer decision-making

The United States Securities Exchange Commission (SEC) released final crowdfunding regulations that became effective May 2016. The charge of the Jobs Act, Title III (the "Crowdfund Act") was to create regulations that would create a framework for an alternative financing method for issuers who seek to raise business capital. This article evaluates this new investment-based crowdfunding framework from the perspective of issuers that seek financing. The author provides a summary of the new crowdfunding regulations; sets forth an issuer case scenario; details a variety of alternative financing methods; and compares the available frameworks to illustrate how an issuer might arrive at a financing decision.