the RACE to the BOTTOM

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The "JOBS" Act and the Capital Raising Process

As the House adopts the Senate version of the euphemistically titled "JOBS" Act (which is actually the House version, HR 3606, plus one significant Senate amendment on crowdfunding), the legislation continued the fast track to becoming law.  Pieces of the legislation have significant flaws.  Many investor groups have challenged all or portions of the law because of the lack of sufficient investor protections.  We will discuss some of those criticisms. 

In addition, however, the legislation does not do a particularly good job at encouraging capital formation.  We will discuss some of the capital raising weaknesses in the legislation in subsequent posts.  Thus, the law will weaken investor protections without necessarily delivering on the promised benefits of increased capital formation and job creation.