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Senators urge SEC to reconsider proposal that could hurt startups

The SEC has proposed new rules to layer on top of the JOBS Act, which two Senators say could truly hurt startups, so they’re urging the SEC to reconsider.

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SEC implementation of new laws could hurt startups

Senators Pat Toomey (R-PA) and John Thune (R-SD) teamed up to write a letter to the Securities and Exchange Commission (SEC) Chairman, Mary Jo White, stating that rules created and proposed by the SEC for startups, despite being based on the JOBS Act, could counteract the benefits of the bill.

The letter reads, “The additional measures that the SEC has proposed go beyond Congress’s clear mandate in Section 201, and would impose unnecessary and burdensome requirements that will have adverse effects on small businesses and investors, and undo the progress made under Section 201.”

Further, the Senators note, “As sponsors of this provision, we respectfully urge the Commission to note Congressional intent and not adopt the additional proposals in order to ensure the benefits of the JOBS Act are realized for small businesses and investors.”

The JOBS Act

The JOBS Act was initially designed to create jobs and grow businesses by reducing regulations surrounding the process of investment, and was signed into law in the spring of 2012. Senators Toomey and Thune assert that the SEC is propsing rules that actually make the investment process more difficult.

This summer, the JOBS Act did away with a rule dating back 80 years that banned the general solicitation and advertising of Regulation D (“Reg D”) offerings, putting businesses in a situation where they previously could not say publicly that they were fundraising, rather could only solicit investors they knew personally or had been personally introduced to. Now, accredited investors must have a net worth over $1 million, or an individual income exceeding $200,000 for a minimum of two years, or a joint net worth with a spouse of over $300,000 for a minimum of two years.

As the push and pull at the SEC continues, Chairman White is in a tight spot, as the JOBS Act cannot truly go into effect until all rules are finalized.

The American Genius (AG) is news, insights, tools, and inspiration for business owners and professionals. AG condenses information on technology, business, social media, startups, economics and more, so you don’t have to.

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Business Finance

Poindexter helps handle finances so you can focus on your business

(FINANCE) Poindexter is a startup that helps you manage financial questions so that you can build you business, not spreadsheets.

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Balance sheets, cash flow statements, compliant income. These are phrases you come across every day in the business sector that also bring another word to mind: confusion.

Luckily Poindexter is here to help. The startup was created as a resource to help businesses make profitable decisions that lead them to success.

Poindexter uses simple business modeling software to generate business plans that users can easily understand. It was built mainly for startups and small businesses that may not be in the position to afford a financial expert.

There is no need for prior financial or excel knowledge to use Poindexter.

Their motto is “build businesses, not spreadsheets.” They don’t want the technical side of finances to hinder businesses, so they are simplifying the process.

The software offers various features to create businesses’ specific financial forecasts. These features include tracking marketing expenses, estimating ROI, comparing alternative projects and defining customer acquisition goals. In addition, implementation is easy.

Just like every aspect of a business constantly changes, the budget must adapt as well.

Users of Poindexter are able to fine tune their budgets and test out assumptions. This allows for the software to help create a unique financial plan for success no matter what the business is.

Business owners can think of Poindexter as their automated financial planner. It will still offer all of the advice of an actual financial planner while you remain in complete control. For the creators of Poindexter, the goal is simple: to aid innovators in making smart and profitable business decisions.

They eliminate the hassle, and emphasize achievements that will keep you on track to reach your financial goals.

Anyone can try Poindexter for free. Fees will only start as you add more projects and premium features. The software will continue to be updated as they gather feedback from users.

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Business Finance

You just got an LLC and you’re ready to hire – 3 things lenders look for

(FINANCE NEWS) Yes, securing a small business loan of any kind is tedious and depends on varying lending organizations and business needs, but there is a list of general requirements small businesses should be aware of before getting knee-deep in conflicting information about lenders.

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Ready to lend a hand

If you are reading this, you probably have an LLC for your small business already, or money talk gets you going. If it is the former, let me say CONGRATULATIONS, and insist you pat yourself on the back in honor of your small business’s progression. Your arrival at a point where expansion is necessary is no small feat given half of small businesses fail in the first year. So, kudos to you.

Now, back to the money talk…

For LLC businesses looking to expand, please don’t fret about all of the information you’ve seen on the web. Yes, securing a small business loan of any kind is tedious and depends on varying lending organizations and business needs, but there is a list of general requirements small businesses should be aware of before getting knee-deep in conflicting information.

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The magic three

After some extensive research posing as the owner of imaginary businesses and annoying every loan officer who’d take my call, I’ve found three general lending requirements. I also provide a collection of the tangible information banks will likely review to meet those requirements. Take a gander:

Assets
Small businesses must have necessary assets: steady cash flow, financial reserves, personal collateral to support a variety of business fluctuations (i.e. unexpected employee loss), and a realistic pay off plan. These assets and financial safety nets are necessary for any lending organization to be confident in your business’s ability to support employee expansion in lieu of current expenses.

Proof of past
Just as you will come to expect from your soon to be employees, lenders want proof of the past and how you’ve managed past loans to align with your business goals. Historical evidence will further determine if your expansion is feasible, but also if it is worthy for the company to accept the lending risk.

Specific plans
Finally, be prepared to provide your small business’s explicit expansion plan, including how you arrived at your suggested loan amount and how you intend to divvy out the funds. It is important that you are as specific as possible in your projected numbers, seeing as one employee could make a $60,000 difference, and largely affect your expansion plan and financial need.

Before you go…

Now that you’re equipped with the magic three, you’re probably feeling empowered to walk into your nearest bank and demand your small business loan. Let’s first be sure you have all of the necessary information on-hand and ready to produce.

Lending companies that look for the magic three before investing arrive at their conclusion after collecting data from the following pertinent information:

– Proof of collateral
– Business plan and expansion plan
– Financial details
– Current and past loan info
– Debts incurred
– Bank statements
– Tax ID
– Contact info
– Accounts receivable information
– Aging
– Sales and payment history
– Accounts payable information
– Credit references
– Financial statements
– Balance sheet
– Profit and loss history
– Copies of past tax returns
– Social Security Numbers
– Assets and liabilities details

Now, my friend, do I release you as proud as a parent unto your nearest bank to secure your small business loan and begin growing your staff the way you’ve dreamed. I’m confident you will find the aforementioned information helpful in said quest, and would like to wish one last time (because it’s impossible to over-congratulate) a sincere CONGRATULATIONS on your businesses growth.

#LLCLending

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Business Finance

Yes, cryptocurrency pricing has been manipulated

(FINANCE) Research shows that some cryptocurrency value has potential to be manipulated by fraudulent bots. Welp.

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Yes, cryptocurrency price can be manipulated, thanks for asking. A new research paper in the Journal of Monetary Economics dove into how bad actors may be controlling the Bitcoin (BTC) ecosystem, and found that one person may have pushed Bitcoin from $150 to $1000 in 2013. One. One person.

Researchers Neil Gandal, JT Hamrick, Tyler Moore, and Tali Oberman published “Price Manipulation in the Bitcoin Ecosystem,” a paper describing how fraudulent activity likely influenced trading activity leading to increased BTC-USD exchange rates in 2013.

Their paper specifically analyzed suspicious activity on the (since shut down) Mt. Gox Bitcoin currency exchange. Mt. Gox used to be the hotshot for crypto exchange, with over seventy percent of worldwide bitcoin transactions taking place on its platform.

Late in 2013, the USD-BTC exchange rate spiked from around $150 to over $1000 in two months. There was also a period where over 600,000 Bitcoins valued at $188 million were acquired fraudulently.

Former CEO Mark Karpelès worked super hard to cover up the fraudulent activity, but Mt. Gox eventually met its Mount Doom and shut down in 2014.

According to the research, on days where suspicious activity took place, the exchange rate rose an average of four percent a day. Analysis shows that the exchange rate declined on days without suspicious trading activity.

Price manipulation was due in part to how thin the crypto market was in 2013. At the time, only around 80 cryptocurrencies were around compared to over 843 today. This made the market more susceptible to price manipulation.

Fraudulent activity was primarily attributed to Markus and Willy, two bots that appeared to be performing valid trades. However, the bots didn’t own the bitcoin they were using, so all the trades were fake.

When Mt. Gox was hacked and millions of dollars of Bitcoin were stolen, it was due to bots creating fake trades and artificially increasing BTC pricing.

The high volume of trades signaled heavy trading activity, driving up the exchange rate on Mt. Gox. The platform profited greatly from transaction fees from legitimate, non-bot trades. But even without fraudulent activity, exchanges were higher on days these bots were active.

Although it’s alarming that bots potentially jacked up prices, better security systems are set in place for crypto exchange now.

Blockchain keeps users responsible by keeping a record of anyone who changes or updates any element of a crypto transaction.

So while theoretically crypto pricing can still be manipulated, it’s a bit more difficult with the checks blockchain puts in place to identify all users and activity. It’s still worth staying vigilant though, because even with blockchain in place, cryptocurrency markets are not regulated.

This story originally ran on January 22, 2018.

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