March 23rd, 2017
Six provinces approve crowdfunding, Ontario to develop separate standards
The Globe and Mail | JANET McFARLAND | May 14, 2015
Provincial securities regulators in British Columbia, Saskatchewan, Manitoba, Quebec, New Brunswick and Nova Scotia announced Thursday that they will allow startup and early-stage companies to issue shares to investors through crowdfunding websites, providing a new source of financing.
“Crowdfunding is an attractive way for startups to raise capital,” said Louis Morisset, chair of the Autorité des marchés financiers, Quebec’s securities regulator.
“This regime addresses micro-capitalization needs and issues, which are more local in nature and sometimes industry-specific.”
The rules will allow companies to raise a maximum of $500,000 in a year – but no more than $250,000 in one offering – through approved Internet funding sites. No individual will be allowed to invest more than $1,500 per distribution, and people will have the right to withdraw their investment offer within 48 hours.
Crowdfunding websites already allow people to make small donations to help companies raise funds, but Canadian companies were not allowed to issue securities that give investors a chance to own part of a company.
Breaking News (May 14, 2015): 6 Canadian Securities Regulators Adopt Start-Up Crowdfunding Exemption
Securities regulators around the world are facing pressure to allow companies to raise funds from investors through crowdfunding. The U.S. Securities and Exchange Commission adopted rules this year to allow companies to sell as much as $50-million of shares a year through crowdfunding sites.
The new Canadian rules will apply only to small startups and will not allow bigger companies that are already registered to distribute securities – known as reporting issuers – to participate. The six provincial regulators said they are still developing crowdfunding rules for reporting issuers, which they expect to be published separately.
Ontario said Thursday it would not participate in the new crowdfunding regime for startups but will instead continue to develop a broader crowdfunding rule to cover both startups and reporting issuers. The Ontario Securities Commission said it expects to publish a new rule this fall, which will follow the framework of a crowdfunding proposal unveiled last year for public comment.
Under that broader model, companies could raise far more money through crowdfunding – as much as $1.5-million a year – and investors could invest up to $2,500 in a single project, to a maximum of $10,000 a year.
The broader model would also require crowdfunding websites, known as portals, to be registered with securities regulators as a dealer, which is not required under the six other provinces’ crowdfunding model – though their regulators said they will have the right to stop a portal from operating if it is run by people whose past conduct demonstrates “a lack of integrity, financial responsibility or relevant knowledge or expertise.”
The National Crowdfunding Association of Canada (NCFA Canada) is a cross-Canada non-profit actively engaged with both social and investment crowdfunding stakeholders across the country. NCFA Canada provides education, research, leadership, support and networking opportunities to over 950+ members and works closely with industry, government, academia, community and eco-system partners and affiliates to create a strong and vibrant crowdfunding industry in Canada. Learn more About Us or visit www.ncfacanada.org.