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CA AB2178

Bill

Status

Failed

11/30/2016

Primary Sponsor

David Chiu

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Authorizes crowdfunding permit qualifications for securities offerings under $1,000,000 (less certain prior sales) sold through registered intermediaries with investor caps of $5,000 or 10% net worth per investor.

  • Imposes filing fee of $200 plus 1/5 of 2% of aggregate securities value for crowdfunding permits; requires three-day rescission rights, escrow accounts, and prohibits direct/unsolicited solicitation.

  • Extends liability provisions to crowdfunding permit violations, authorizing courts to award reasonable attorney's fees, costs, and treble/punitive damages to prevailing purchasers.

  • Eliminates scienter requirement for securities fraud liability under Section 25401, allowing plaintiffs to recover damages without proving defendant's intent to defraud.

  • Requires crowdfunding offerings through single intermediary platform only, with Form U-7 disclosure documents, two-year restrictions on stock splits/mergers, and fiduciary obligations owed to investors.

Legislative Description

Securities transactions: qualifications by permit: liability.

Last Action

From committee without further action.

11/30/2016

Committee Referrals

Appropriations4/14/2016
Judiciary4/5/2016
Banking and Finance2/29/2016

Full Bill Text

No bill text available