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Who Supports the Beneficiaries of the TRUMP Jobs Act? Who Supports the Beneficiaries of the TRUMP Jobs Act?
The TRUMP Jobs Act benefits working-class investors and small businesses. 80% of Trump voters and 77% of swing voters believe American tax policy should prioritize small businesses and working-class investors. In contrast, only 4% of Trump voters and 2% of swing voters think tax policy should favor ... more
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Is the TRUMP Jobs Act offering a deduction or tax credit to investors? Is the TRUMP Jobs Act offering a deduction or tax credit to investors?
The TRUMP Jobs Act is proposing a tax credit.
A tax deduction reduces your taxable income, lowering the amount of income that is subject to tax. The actual tax savings depend on your tax bracket. For example, if you're in the 24% tax bracket, a $1,000 deduction saves you $240 in taxes.
A tax c... more
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What kind of organizations should attend the Crowdfunding Summit? What kind of organizations should attend the Crowdfunding Summit?
Everyone is welcome!
The CfPA Summit will bring together key stakeholders in the Regulated Investment Crowdfunding industry, including funding platforms, investors, legal and compliance experts, fintech service providers, and policymakers and regulators. Issuers are welcome to attend to learn best p... more
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- Regulations & Compliance
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What are the rules governing use of the CfPA Logo? What are the rules governing use of the CfPA Logo?
Thank you for your question, anonymous.
The CfPA logo is available for use (website, email footers, etc.) under license by current members of CfPA in good standing (pay your dues!)
It is also available for use by partner organizations for specific events or activities (e.g. co-marketing of a... more
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How does CfPA view the need for standardized investor disclosures on crowdfunding platforms, and what role should the SEC play in ensuring transparency regarding investment terms, tax implications, and Form C accessibility? How does CfPA view the need for standardized investor disclosures on crowdfunding platforms, and what role should the SEC play in ensuring transparency regarding investment terms, tax implications, and Form C accessibility?
Thank you for the thoughtful question! This issue aligns with CfPA's policy priorities, and here is our position on it.
Disclosures to Investors
It is important that investors understand what they are getting when they invest and the potential tax implications of those investments. The SEC sh... more
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Does CfPA support amending Title III of the JOBS Act to allow certain excluded investment funds to raise under Reg CF? Does CfPA support amending Title III of the JOBS Act to allow certain excluded investment funds to raise under Reg CF?
Thank you for the thoughtful question! This issue aligns with CfPA's policy priorities, and here is our position on it.
Investment Funds Excluded from the Definition of Investment Companies
We request the following amendment to Title III of the JOBS Act:
The current statute provides that Title III d... more
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What is CfPA's stance on allowing crowdfunding portals to raise funds on their own platforms, provided the relationship is fully disclosed and the number of raises is limited? What is CfPA's stance on allowing crowdfunding portals to raise funds on their own platforms, provided the relationship is fully disclosed and the number of raises is limited?
Good question! This topic aligns closely with CfPA's policy platform, and here is our position on the matter.
Crowdfunding by Portals
We support allowing portals to raise funding on their own platforms as long as the relationship is fully disclosed and the number of raises is limited (e.g. one per y... more
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What is the CfPA's position on requiring the submission of searchable PDF documents on the SEC EDGAR system to enhance transparency and improve investor due diligence processes? What is the CfPA's position on requiring the submission of searchable PDF documents on the SEC EDGAR system to enhance transparency and improve investor due diligence processes?
Thank you for a good question! This topic aligns closely with CfPA's policy platform, and here is our position on the matter.
Searchable PDFs on EDGAR
In the interest of enhancing transparency and efficacy in investor due diligence, we propose a crucial amendment to the current filing requirements w... more
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What measures does CfPA recommend to ensure funding portal intermediaries safeguard nonpublic personal information and provide transparency about their privacy policies and practices? What measures does CfPA recommend to ensure funding portal intermediaries safeguard nonpublic personal information and provide transparency about their privacy policies and practices?
Thank you for a good question! This topic aligns closely with CfPA's policy platform, and here is our position on the matter.
Privacy and Safeguarding of Nonpublic Personal Information
Funding portal intermediaries should be required to provide notices to customers about their privacy policies and p... more
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The crypto industry talks a lot about "regulation by enforcement" in the context of the SEC? How different is that from enforcement of regulations?
The phrase "regulation by enforcement" is a critique often used in the crypto industry (and other sectors) to describe a regulatory approach where the SEC (or another agency) enforces laws and rules through lawsuits and penalties rather than through clear, proactive rulemaking. This differs from "en... more
The phrase "regulation by enforcement" is a critique often used in the crypto industry (and other sectors) to describe a regulatory approach where the SEC (or another agency) enforces laws and rules through lawsuits and penalties rather than through clear, proactive rulemaking. This differs from "enforcement of regulations" in significant ways:
1. Regulation by Enforcement
No Clear Rules in Advance: Critics argue that the SEC does not provide explicit guidelines on how crypto firms should comply with securities laws.
Legal Actions Instead of Rulemaking: Rather than issuing tailored regulations or engaging in formal rulemaking processes (such as public comment periods), the SEC takes action by suing companies or imposing fines.
Uncertainty for Businesses: Companies may not know they are violating the law until they face enforcement actions, creating uncertainty and chilling innovation.
Retroactive Punishment: This approach may penalize companies for actions they took before clear guidance existed.
2. Enforcement of Regulations
Based on Established Rules: In a traditional regulatory framework, enforcement follows well-defined rules that were developed through legislation or a formal rulemaking process.
Predictability & Compliance Pathways: Businesses know the compliance requirements in advance, allowing them to operate within a clear legal framework.
Preventative Rather Than Punitive: Regulation aims to guide compliance before violations occur rather than relying on enforcement as the primary mechanism.
Why Is This a Big Deal in Crypto?
The crypto industry argues that securities laws were not designed for digital assets, yet the SEC applies decades-old rules without providing specific new regulations tailored to crypto.Major cases, such as those against Ripple, Coinbase, and Binance, highlight how the SEC is shaping crypto regulation through litigation rather than clear rulemaking.
The SEC contends that it is simply enforcing existing securities laws, but critics say this approach forces compliance through the courts instead of creating transparent, predictable rules.
Bottom Line
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Regulation by enforcement means creating de facto policy through lawsuits and penalties rather than formal rules, whereas enforcement of regulations implies applying already established and clearly defined legal standards. The debate is whether the SEC should issue clearer guidance or continue its current strategy of enforcement actions.