"JOBS" Bill= Marcom Bonanza! #Crowd-Sourcing" + Kickstarter-Style "Crowd-Financing"=$$

Some snarly congressman must have been lobbied by the smart marketing guy who has a vision to create a combination of Kickstarter and SecondMarket; after all, the JOBS Act, passed by the House earlier this week, and now waiting for Senate approval, is going to be a bonanza for those who know how to package and promote funding for innovative start-ups. Crowd-sourcing, crowd-funding, micro-financing...all of these new-age concepts are going to benefit.

You're not familiar with the new legislation? This is the one that the current administration insists will stimulate innovation and jobs. Detractors decry the Bill as a roll-back to the days of bucket shops that telemarketed investment in shares of Nigerian gold mines and other such schemes. Suffice to say, its overwhelmingly supported by Democrats and hotly debated by the GOP.

But, I'm getting ahead of myself.  If you don't know what Kickstarter is...the short description is simple: a social network type portal that facilitates [presumably] cash-starved innovators (technology, film, food products, clothing, whatever!) to solicit "micro-funding" for their pending projects.In consideration for donations, the innovator provides a free sample of the soon-to-be-made product, a t-shirt, or some other quid pro quo.

If the [fixed amount] financing objective of the entrepreneur is met, Kickstarter kicks over all of the "donations" that were held in escrow, less a 3% fee. If the financing round falls short before the deadline date, the donations are re-credited to the donators' credit card. If the financing is oversubscribed, the entrepreneur seeking funding can buy himself/herself a Ferrari. That's right, those seeking funding have no obligations and those making the donations have no recourse. It's all done on a trust me basis, and its completely unregulated. (One recent deal from "Double Fine Adventure" soliciting $100k production funding for a new video game delivered $3.4 million to the founder)

Note: This blogger is directly familiar with (2) Kickstarter stories: Chocwasabi, a recently-funded and particularly delicious success story, and an 'in-the-works' "Apple-flavored" device called "JuiceTank", which, after it completes its $125,000 "round",  will be an absolute game changer for anyone that's been frustrated whenever their Apple runs out of juice.  

For those not aware of SecondMarket, this is a securities industry and SEC-regulated firm that's become famous for brokering shares held by employees of private company start-ups and selling those stakes to 'sophisticated investors'--ostensibly looking to own a stake in a company that will soon go public and make everyone a zillionaire. Think "Zuckerberg", and you'll appreciate that SecondMarket has been the vassal serving among others, Facebook insiders and early-stage investors in the course of their cashing out early.

Combine Kickstarter and SecondMarket..and the Occupy WallStreet movement will need to move--because Wall Street, at least as far being a source of venture-round financing, will be be much less occupied.  That's this blogger's opinion, anyway.

There's lots of pages to the pending JOBS legislation, and below is a bullet-point take-away for the operators of Kickstarter and SecondMarkets--or more likely, any smart disruptor who wants to capitalize on the burgeoning boondoggle that's leveraging the combination of social media, the ethos to democratize the capital raising process and the "I-don't-want-to-be-bothered" issues faced by the spectrum of up-and-coming entrepreneurs that don't want to be hamstrung by regulations relating to soliciting and securing funds in consideration for equity shares in their company..

What the final form of the JOBS bill will be remains to be seen, but in its current iteration, this is going to create lots and lots of jobs for smart marketing/communications and PR industry professionals.

First, the bill would allow “crowd-financing” under astonishingly flexible conditions. It would displace current Securities and Exchange Commission disclosure rules for public offerings, allowing a new venture to raise $1 million through widespread Internet solicitations as long as no single investor put in more than $10,000. According to some, the loosened regulations would also make it easier for future Bernie Madoffs to create, say, 50 fake firms, steal $50 million from unsuspecting investors and retire to a tropical island.

The bill would eliminate the existing ban on general advertising, which limits most private-securities offerings to the relatively small number of accredited investors who can be contacted through private channels. This is where the rubber will meet the road for marketing experts that will surely be needed to help package and promote new enterprises and innovative ideas. 

Yes, absent this ban, unscrupulous promoters will, without any SEC oversight, market stock via the Internet and launch mass mailings to millions of unsophisticated investors. [That's where/when the marketers and PR people will be benefiting.]

Third, the bill would raise the threshold requiring companies to issue public financial reports from 500 shareholders to 2,000. This legislative exemption would also exclude from this 2,000 threshold any shareholders employed by the company. These changes would dramatically reduce the number of public companies required to publish annual and quarterly reports for investors

The bill encourages initial public offerings by reducing regulatory requirements. For example, the bill would require only two years of audited financial reports, instead of three years, for offerings by small companies. Once public, these companies could avoid some burdens imposed on large companies, such as auditor attestation of internal controls and shareholder advisory votes on compensation.