The JOBS Act: A Securities Law Perspective on Optimal Candidates for Online Capital Raising

The promulgation of the Jumpstart Our Business Startups (JOBS) Act in 2012 has catalyzed a transformative shift in the domain of capital raising. We believe that this seminal piece of legislation has the potential to significantly liberalize regulatory constraints on fundraising activities. We are often asked if online capital raising is right for every issuer. In this landscape, we believe that certain types of issuers emerge as particularly well-suited to harness the advantages afforded by the JOBS Act.

  • Startups and SMEs: We recognize that emerging enterprises and small to medium-sized enterprises (SMEs) often encounter formidable barriers in traditional capital markets. The JOBS Act, with its provision for relaxed securities registration, offers these companies a platform to solicit investment from a broader investor base while remaining compliant with SEC regulations.
  • Technology Innovators: The dynamic nature of the technology sector, characterized by rapid growth and scalability, aligns synergistically with the streamlined fundraising mechanisms enabled by the JOBS Act.
  • Real Estate Ventures: Real estate developers, historically reliant on private funding sources, now have the latitude to reach accredited and non-accredited investors alike through Regulation Crowdfunding and Regulation A+ offerings. Online capital raising imbues these ventures with the capacity to showcase their projects and solicit investments with transparency and regulatory compliance.
  • Social Enterprise Initiatives: Socially driven enterprises, which prioritize ethical, environmental, and social returns alongside financial ones, often resonate with a segment of investors motivated by impact investing. The JOBS Act empowers these ventures to engage with like-minded investors through online mediums, ensuring compliance while promulgating their mission-driven objectives.

Advantages of Online Capital Raising Post-JOBS Act

The implementation of the JOBS Act begets multiple benefits for issuers, including, but not limited to:

  • Access to a Diverse Investor Base: The democratization of investment opportunities allows issuers to engage with a varied investor demographic, fostering a more inclusive capital raising process.
  • Operational Efficiency: Regulatory changes streamline the capital raising process, which has the potential to reduce the temporal and fiscal burden associated with traditional routes, thus expediting access to capital.
  • Strategic Market Insight: Online platforms furnish issuers with immediate market feedback, enabling them to tailor their offerings in real-time and adjust their strategies in accordance with investor sentiments.


To delve deeper into how the JOBS Act can benefit your specific capital raising endeavors, we invite you to schedule a consultation with our securities lawyers HERE. At Fundwise PLLC, we specialize in navigating the complex legal terrain of online capital formation. Allow us to provide you with bespoke legal solutions that align with your strategic objectives. Connect with us to discuss your options and map out a compliant, effective path forward in the digital fundraising arena.