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I have a lot of experience here because a) in 2005 I started something called "The Business Experiment" which was an attempt to have a purely crowd sourced busi
by robmay 15y ago
I have a lot of experience here because
a) in 2005 I started something called "The Business Experiment" which was an attempt to have a purely crowd sourced business. (http://www.fastcompany.com/magazine/101/next-essay.html http://www.fastcompany.com/magazine/101/next-essay.html) At the time, I spent a lot of my own money on lawyers trying to figure out how to give equity to people who aren't accredited investors.
b)I have since raised $10.5M in venture capital for Backupify.com, so I have also learned that side of the world.
From my view, allowing anybody to invest a few hundred or a few thousand dollars in a startup is a bad idea for a few reasons. First of all, the startup world is glamorized by the media. Most startups fail. Most capital is erased. No one writes about those companies, unless the failure is spectacular. Studies have shown that on average, entrepreneurs will do better financially in the "real world" of work than in startups. But the media doesn't play this up, and as a result, society has a bias that is a combination of the survivorship bias and recency bias that makes them think startups are a good investment. Many wealthy people that I have dealt with don't really understand the odds and risks of startups, so all the less likely that your average Joe can do it.
Secondly, capital structure matters a lot as your company grows. If you are successful, a bad capital structure can really fuck you over down the road when you need bigger rounds. And some issues require a shareholder vote. Average Joe doesn't know how to deal with these issues, and that scares professional investors. An idea like this will get a lot of companies seed capital, and they won't be able to raise later stage.
Third point - startups are really fucking hard, and will strain all of your relationships in your life, including those with your investors. Hell, Backupify is doing pretty well and it's still hard. Having to manage a bunch of small investors can be a nightmare, and going through difficult times with people you barely know, who don't do this professionally, will just make it worse.
Here is my prediction about how this legislation plays out.
1. It will eventually pass, because it is sexy and cool and part of the American dream.
2. Media will point to examples of companies getting funded that wouldn't normally get VC/Angel funding, to show how great it is. These examples will be thinks like companies outside of major startup hubs, companies that don't put profit/shareholder value / growth first, companies that are highly unusual, weird, or even too risky for VC, and companies that have non-sexy ideas that can't get VC because they aren't mobile/social/sharing/whatever.
3. Many will fail, but there will be at least one massive success, and that success will become the poster child for why this works.
4. But really, it won't work. People will lose money. There will be lawsuits and complaints. There will be a bubble after point #3 happens, and some 60ish dude will invest too much of his retirement in a dozen startups only to see every one of them fail and his whole net worth wiped out.
5. There will be outcry against this, and we will pass laws to regulate it, taking us back to where we began, only in a much worse situation.
Now, all that said, I will say there is probably room for a new investment scenario under two conditions.
1. The amount is so low it doesn't matter. For example, the bar is $100 and you can't invest in more than 5 at any one time. This makes your returns so small, even with homeruns, to be almost irrelevant, but maybe it's fun and cool and people will like it.
2. There is probably room for an "almost accredited investor" clause. I'm a perfect example for this. I'm not quite accredited, but probably will be by this time next year. I understand startups quite well. So maybe a clause saying that if you have worked 2 years in a venture backed startup, you can invest up to $10K, that might be ok.
Anyway, those are my thoughts. It will be interesting to see how this will play out.
- dclaysmith 15y ago> 4. But really, it won't work. People will lose money. There will be lawsuits and complaints. I think this will be a common result. When these investments fail (as most of them will) the investors will cry "fraud" and "scam". The cost of defending against these lawsuits will end up overwhelming many of these fledgling start-ups. In the end, the "cost" of raising this money will be higher than it appears on the surface.
- prat 15y agoAnd the investors will cry "fraud" and "scam" not for the wrong reasons alone. Fraud and scam artists will actually infiltrate the hacker community once they find out about the expansion (and dumbing down) of investor base.
- chernevik 15y ago+1. From what you've seen, what are the prospects of aggregating mini-investment through a registered p.e. fund? Would the registration expenses be too high? If so, is it possible that this sort of thing might be enabled by right-sizing the current public securities regulatory apparatus?
- robmay 15y agoThat's probably a better overall idea. To let people by a mutual fund, in effect, that invests in a basket of startups.
- gojomo 15y agoIf the public and media have a glamorized, romantic view of the reality, what better way to train them than to let them get direct experience? That is, experience not mediated by the 'accredited investor' glass-barrier and carefully-calculated PR fluff pieces? I think you overestimate the outcry/backlash during/after that necessary learning process. Trillions have been lost in homes the last decade, but very few of the government policies that goosed home prices and encouraged people of limited means to gamble their entire net worth on home ownership have been reversed. (People have learned to be wary, moreso than public policy has adjusted.) Billions have been gambled away as jurisdictions across the US have legalized gambling, and individuals have had to learn, but few if any places have undone gambling legalization, and more cities/states are discussing adding gambling. People with more hope than sense can lose all their money on eBay/Craigslist arbitrage, or margined public stock/option trading, or starting a restaurant/retail-store with friends. And there's no backlash demanding regulatory protection from these risky activities. I think any backlash will be limited to actual scams, which is as it should be. The individual cases about fraud and malfeasance will be part of the public's learning process. The "almost accredited investor" idea is a reasonable half-measure to begin the process of removing the discriminatory 'wealth test' from the process. I would make it so any one of the following allow an individual to invest with the same freedom as someone who's inherited a million dollars or won a lottery: • a college degree in economics, business, or law • a related recognized accreditation (eg the 'Series 7' exams to work in certain financial-services roles) • an amount equal to the desired private investment amount held in tax-advantaged investment accounts (IRA, Roth, etc) for at least 2 years. (For example, if you have $10K in such government-approved 'safe' accounts, you can also invest $10K in any private venture with the same assumption-of-competence that millionaires are granted.) • an amount double the desired private investment held in public securities for at least 2 years. (For example, if you have $20K in public stocks/mutual funds, then you can invest $10K in any private venture with the same assumption-of-confidence that millionaires are granted.) I don't particularly like any of these restrictions. If you can legally take $10K off a credit card cash advance, and use it to buy state lottery tickets, you ought to be able to take a chance on a friend's startup stock. But these weaker rules could provide the small dash of paternalism, and speed-bump against totally reckless investing, that helps us phase out the wealth-based-discrimination that rules today.