Saturday, December 18, 2004

Techdirt: Is It Illegal To Say You're Raising Money?

Techdirt:Is It Illegal To Say You're Raising Money?: "You see stories all the time from startup companies saying that they're in the process of raising money from investors. However, the folks at Silicon Beat have noticed that this practice may be illegal. There are plenty of regulations concerning raising funds, and soliciting them from the public without going through the whole SEC process is a no-no. Of course, the companies in question will obviously say that a statement to the press that they're raising money is quite different from soliciting funds -- but depending on how you read the regulations, this might not matter. If the funding source comes by way of this press statement, then it almost definitely does violate regulations. While the regulations are there for a good purpose -- to avoid tricking gullible investors, this does make you wonder if they go too far. Statements to the press shouldn't be considered solicitation of funds no matter what, and any investor at such an early stage is likely to go through a lot more due diligence (one hopes) than simply reading about a company in the news. "

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