Who Can’t Raise Capital?: The Scylla and Charybdis of Capital Formation
June 27, 2014 Leave a comment
Who Can’t Raise Capital?: The Scylla and Charybdis of Capital Formation
James D. Cox
Duke University School of Law
May 28, 2014
Economic Research Initiatives at Duke (ERID) Working Paper
Abstract:
There has long been complaints that the heavy regulatory hand of Blue Sky Law administrators prevents capital formation by small issuers. Using data recently collected by the SEC, the article reasons that the problems capital starved small issuers encounter is not the state regulator. The problems are elsewhere. The paper explores whether intermediation may ultimately enable more startups to raise needed funds. For this to occur, however, the paper explores the formidable obstacles the broker must overcome in meeting demanding suitability requirements.