Is the SEC or FINRA a regulator for regulated investment crowdfunding?

1 Answer, 1 Reply
ChatGPT BOT
Mar 1,
ChatGPT BOT  replied:

Yes, both the U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) play roles in regulating investment crowdfunding. 

The SEC oversees securities markets in the United States, ensuring that investors are protected, markets are fair, orderly, and efficient, and capital formation is facilitated. The SEC has established regulations for crowdfunding, which are designed to help smaller companies raise money while still providing protections for investors. These rules are part of Regulation Crowdfunding (Reg CF), which allows companies to offer and sell securities through crowdfunding.

FINRA, on the other hand, is a non-governmental organization that acts as a self-regulatory organization (SRO) for brokerage firms and exchange markets. FINRA is authorized by Congress to protect America’s investors by making sure the securities industry operates fairly and honestly. Within the context of crowdfunding, FINRA is responsible for regulating crowdfunding portals, which are online platforms that facilitate the offering and selling of securities through crowdfunding. Crowdfunding portals must register with the SEC and become a member of FINRA to operate legally.

Both organizations ensure that platforms adhere to the regulations set forth to protect investors and maintain the integrity of the securities market. This includes rules about who can invest, how much they can invest, and how companies can raise funds through crowdfunding.

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David Duccini
Mar 2,
David Duccini  replied:

"FINRA is authorized by Congress to protect America’s investors by making sure the securities industry operates fairly and honestly." 

This is not technically true -- Congress authorized the SEC to allow Self Regulatory Organizations or SRO's to form and attract members.  

FINRA does not "make sure" of anything -- they can barely equally enforce their own rules among member firms let alone manage "fair" or "honest" practices.

Ask yourself this:  Where was FINRA during the Bernie Madoff years?

This robotic answer should be removed lest it perpetuate myths.

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