Invest Crowdfund Quebec’s Response to the AMF Equity Crowdfunding Exemption Proposal

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Invest Crowdfund Québec | Diana Yazidjian | July 9, 2014

Crowdfunding ICQ

Our feedback was requested on the following set of 27 questions:

Crowdfunding Exemption
Issuer qualification criteria

1) Should the availability of the Crowdfunding Exemption be restricted to non-reporting issuers?

2) Is the proposed exclusion of real estate issuers that are not reporting issuers appropriate?

3) The Crowdfunding Exemption would require that a majority of the issuer’s directors be resident in Canada. One of the key objectives of our crowdfunding initiative is to facilitate capital raising for Canadian issuers. We also think this requirement would reduce the risk to investors. Would this requirement be appropriate and consistent with these objectives?

Offering parameters

4) The Crowdfunding Exemption would impose a $1.5 million limit on the amount that can be raised under the exemption by the issuer, an affiliate of the issuer, and an issuer engaged in a common enterprise with the issuer or with an affiliate of the issuer, during the period commencing 12 months prior to the issuer’s current offering. Is $1.5 million an appropriate
limit? Should amounts raised by an affiliate of the issuer or an issuer engaged in a common enterprise with the issuer or with an affiliate of the issuer be subject to the limit? Is the 12-month period prior to the issuer’s current offering an appropriate period of time to which the limit should apply?

5) Should an issuer be able to extend the length of time a distribution could remain open if subscriptions have not been received for the minimum offering? If so, should this be tied to a minimum percentage of the target offering being achieved?

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The National Crowdfunding Association of Canada (NCFA Canada) is Canada’s Crowdfunding Advocate. Newly formed, dynamic and inclusive, the NCFA Canada works closely with industry groups, government, academia, other business associations and affiliates to create a strong and vibrant crowdfunding industry and voice across Canada. Membership is comprised of a network of professional individuals, companies and non-profit associations (students are most welcome) interested in crowdfunding markets in Canada and beyond. The National Crowdfunding Association of Canada is a networking and solutions-based organization to provide advocacy, education, support and leadership to Canadian crowdfunding communities. For more information please visit www.ncfacanada.org.

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