Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Crowdfunding Crash Course for Small Business Owners

Author: Dan Brecher

Date: July 27, 2015

Key Contacts

Back

Crowdfunding Crash Course for Small Business Owners

Many small business owners and entrepreneurs are still finding that it is difficult to secure funding for their businesses or ventures. Yet, very few ever explore crowdfunding.

According to a recent survey, many business owners simply don’t know enough about securing capital from the “crowd.” Manta, which provides online resources for small businesses, found that just two percent of small business owners used crowdfunding to secure funding. However, 34 percent stated that they would consider the financing alternative if they knew more about it. As Manta highlighted, the survey findings indicate there is some confusion about the alternative funding landscape; there is a need for more information.

Entrepreneurs prefer not to leave money on the table.  Below is a brief overview of crowdfunding that may be particularly useful for small business owners seeking to raise capital.

Types of Crowdfunding

There are hundreds of crowdfunding sites on the Internet. While all of these platforms are slightly different, crowdfunding sites geared to businesses generally fall into one of the following categories:

  •  Equity Crowdfunding: Funders receive an equity interest in the company in exchange for funding. Until the Securities and Exchange Commission (SEC) finalizes its long-delayed equity crowdfunding rules, most equity crowdfunding sites only serve accredited investors that meet certain net worth requirements. The agency’s proposed rules, which were mandated under the JOBS Act, would allow businesses to target the masses. In the meantime, several states have passed regulations that allow small businesses to sell shares to residents of the same state, without requiring that they meet accredited investor requirements.
  • Reward: Investors who participate in rewards-based crowdfunding do not receive financial returns, but rather some form of tangible “gift.” Depending on the company’s business model, the reward may take the form of a t-shirt, VIP party access, a CD or a DVD. One of the most popular and well-known examples of this is Kickstarter.
  • Lending: Lending-based crowdfunding, often referred to as “peer-to-peer” crowdfunding, most closely resembles a typical banking relationship. Investors make financial contributions in exchange for the right to receive reimbursement plus interest in the future. Prosper is one of the most successful lending platforms.

Costs of Crowdfunding

The costs of crowdfunding can vary widely. Nearly every crowdfunding site imposes a success fee, which is a percentage of the total amount of funds raised and must only be paid if the funding goal is met. Depending on the crowdfunding site, the cost may vary from 4 to 10 percent. Some sites charge equity interest and other fees, so it is always a good idea to do a cost comparison before selecting a crowdfunding portal.

With regard to equity crowdfunding via the SEC’s proposed rules, the cost is yet to be established. However, the agency’s rulemaking proposal did make some projections regarding the cost of regulatory compliance, which may include retaining a registered broker or crowdfunding portal to facilitate the offering, filing a variety of disclosures with the SEC, and providing investors with supporting documents, such as certified financial statements. According to the SEC, compliance costs associated with equity crowdfunding will comprise between 12.9 to 39 percent of the money raised for campaigns less than $100,000.  This needs to be revisited, as such high costs are not consistent with the job-creating purpose of the JOBS Act.

Selling Your Business Plan

Much like presenting your business plan to a venture capital firm, you must be prepared to demonstrate to your potential investors why your company is a good opportunity. Businesses need to show that they have the corporate structure and governance in place to provide a return on investment.

Since crowdfunding sites operate exclusively on the Internet, businesses generally will need to create a campaign specifically intended for online consumption, i.e. video product demonstrations, recorded messages from the company spokesperson, social media marketing, etc. In many cases, the companies that have the best crowdfunding success are those that are able to generate significant online “buzz” regarding their new product or service. Since crowdfunding also allows early interaction with your customers, it is also important to consider any feedback you receive along the way as a means to improve and/or retool your business idea.

Finally, as with any funding source, it is always important to do your homework. Partnering with advisers with crowdfunding experience, including business lawyers and accountants, can also help ensure greater success.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!