Hi Kimberly. That’s a good question. The paigrdam under which Kickstarter and others operate is one of donations, sometimes in return for services or perks of some kind. Kickstarter is actually limited to creative “projects” only and they state that it is “not about investment or lending.” While there are target amounts and deadlines, best practices in raising funds for a project in this way seems to be to not shoot too high in your target amount because if you don’t reach your target, no money changes hands. With Indiegogo, the money changes hands regardless of amount, but the fee is higher if the target is not reached and people are encouraged to run multiple, smaller campaigns. The bill before the Senate does not specifically address the issue of over funding, however it does require “a description of the stated purpose and intended use of the proceeds sought,” and “a target offering amount, the deadline to reach the target offering amount, and regular updates regarding the progress …” This will probably be addressed in the rules that will be promulgated after the bill is signed into law, but bearing in mind that this will concern offerings for the sale of securities, in some specific amount, for a specific intended purpose, and with a finite deadline, once the target is met and all the securities offered have been sold, that will be the end of that particular offering; there will not be any more shares for sale and thus no over-funding. There may ultimately be a provision for the release of funds to the issuer once a certain percentage of the target amount is reached, as provided for in the House bill. In a case like that, presumably the offering would remain open after funds were released until the stated deadline has been reached or it was fully funded.
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Hi Kimberly. That’s a good question. The paigrdam under which Kickstarter and others operate is one of donations, sometimes in return for services or perks of some kind. Kickstarter is actually limited to creative “projects” only and they state that it is “not about investment or lending.” While there are target amounts and deadlines, best practices in raising funds for a project in this way seems to be to not shoot too high in your target amount because if you don’t reach your target, no money changes hands. With Indiegogo, the money changes hands regardless of amount, but the fee is higher if the target is not reached and people are encouraged to run multiple, smaller campaigns. The bill before the Senate does not specifically address the issue of over funding, however it does require “a description of the stated purpose and intended use of the proceeds sought,” and “a target offering amount, the deadline to reach the target offering amount, and regular updates regarding the progress …” This will probably be addressed in the rules that will be promulgated after the bill is signed into law, but bearing in mind that this will concern offerings for the sale of securities, in some specific amount, for a specific intended purpose, and with a finite deadline, once the target is met and all the securities offered have been sold, that will be the end of that particular offering; there will not be any more shares for sale and thus no over-funding. There may ultimately be a provision for the release of funds to the issuer once a certain percentage of the target amount is reached, as provided for in the House bill. In a case like that, presumably the offering would remain open after funds were released until the stated deadline has been reached or it was fully funded.