New financial regulations proposed by the U.S. Securities and Exchange Commission will fall most heavily on super angels, a lawyer who specializes in the industry told VentureBeat this week.
Angel investors are wealthy individuals who put money in startups, often providing a company&'s first funding. Super angels, unlike regular angels, also manage other people&'s startup investments &8212' putting them in a different class from regulators&' perspectives.
Jeff Bloom, partner and chair of the venture capital and private equity fund formation group at tech law firm Fenwick &' West, said that although most of the new rules will not have much impact on venture-capital financings overall, the fastest-growing segment of the venture capital industry is definitely taking notice.
Higher regulatory risk is just another reason for super angels to back off their torrid pace of investments, as higher startup valuations‚ threaten to diminish their rewards.
a4‚¬AAngel investors that were considering raising a discretionary fund [could now choose to] remain independent or to invest in a club format instead,a4‚¬¯ said Bloom.
Under the new proposed rules, venture-capital funds will for the first time be subject to public information reporting requirements. That&'s something that has never before been mandated and which will demand funds adapt their back office functions in order to handle the day-to-day work of meeting those benchmarks.
Super angel funds, which typically have been able to run with very small or completely outsourced back-office teams, will feel a definite sting from those new rules.
Similarly, Bloom added that the additional reporting requirements likely to be required by the SEC will place a burden on newer, smaller funds.
a4‚¬A[They] will have to manage more administrative overhead, [which is] very difficult in a smaller fund,a4‚¬¯ said Bloom. a4‚¬ASo perhaps some relief after public comments will help on that front.a4‚¬¯
Still, the SEC clearly did its homework, said Bloom, because although new rules requiring registration and disclosure will affect chunks of the VC industry, the majority of the new proposed regulations probably will not have a material negative impact on the venture-capital a4‚¬Aecosystema4‚¬¯ as a whole.
With the SEC still defining the venture-capital fund exemption from the Investment Advisers Act of 1940, most traditional venture capital funds will remain exempt from registration under the proposed rules if adopted in their current form.
a4‚¬AThe SEC has developed rules that work well for historical practices in the industry and is soliciting very specific commentary for purposes of making the exemption conform as closely as possible with current industry standard practices. That is a real positive sign that they want to &8216'get it right,&'a4‚¬¯ he added.
Next Story: Hatsize raises $5M to let businesses try new tech before they buy it Previous Story: Could Mickey Mouse be the next video game star
Print Email Twitter Facebook Google Buzz LinkedIn Digg StumbleUpon Reddit Delicious Google More&8230'
Companies: Fenwick &' West
Companies: Fenwick &' West
Riley McDermid is a contributing reporter to VentureBeat. She was previously the online editor at institutional investing and trading forum Markets Media, which she joined in 2008 from Dow Jones/MarketWatch in New York. Her work has appeared in the The New York Times, the Associated Press, Portfolio Magazine, The Wall Street Journal, and Barrona4‚¬a4„s. She has won awards from the American Society of Business Publishers and Editors, the Magazine Association of the Southeast, the Mississippi Press Association and the Atlanta Press Club, and was a finalist for the Pacemaker Prize for excellence in news reporting.
VentureBeat has new weekly email newsletters. Stay on top of the news, and don't miss a beat.
Comments