Comparison Of Different Exemptions Regulations For Fundraising Activities

Comparison Of Different Exemptions Regulations For Fundraising Activities

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To: CEO of gaming apps
From: employee
Date: 5/9/2015
Subject: Comparison of different exemptions applicable to fundraising activities

Introduction:
Being an investor in today 's society requires a substantial amount of capital funding. Due to our company seeking to obtain $2-3 million in funds, the company will need to establish other ways of fundraising. Such fundraising methods can include, introducing wholesale investors, small offer funding, crowdfunding, peer to peer funding, and obtaining close business associates and relatives. The basic rule is that any offer of financial products, requires part 3 disclosure unless schedule 1 provides otherwise. However within these types of funding, there will be various exemptions which may apply. Such exemptions can detriment the way we do business and neglect certain funding aspects which is controlled by the Financial markets act 2013 (FMCA). This will regulate all business entities such as sole traders, partnerships, companies and other incorporated bodies. The main purpose of the FMCA is to help protect investors on certain information but also proper governance in the arrangements for financial products. In our case, our investors need to be protected if they decided to fund us $2-3 million.

We can assume that because there is a substantial amount ($2-3 million) needed to be funded, it would require the substance of regulated offers. In order to make a regulated offer, the offeror of the financial products must prepare a PDS (product disclosure statement) under section 48. The PDS must be lodged within the registrar and supplied to the registrar of all information that the register is required to contain by this act or the regulations. The objective of the PDS is to present c...


... middle of paper ...


...e investors to assess the merits of the offer or obtain further information. However there are exemptions in terms of who can be in this type of investment relationship. In the case Lawrence V registrar of companies, the investors were ex-clients of an employee of the offeror. Thus, “ a business investment relationship cannot without more give rise to the characteristics that exclude the offerees from the public”.



For the company to obtain funding for the $2-3 million in gaming apps can be done through various funding regimes. Such funding regimes include, Crowdfunding, small offer, peer to peer funding, close business associates and relatives. Under the Financial Markets conduct act 2013, certain disclosure requirements on fundraising activities will apply
. All these types of funding are operated in different ways where certain exemptions or clauses may apply.

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