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Senator Chris Dodd looks determined to leave his last term in office with a dubious legacy – his sponsorship of the Restoring American Financial Stability Act of 2010 which passed the Senate Banking Committee on a party-line vote on its way to the House floor.
Dodd’s 1,336-page reform bill seeks to address the timely and substantive need to police abusive and unfair terms for mortgages and other financial products, the “systemic risks” inherent in derivatives such as credit default swaps, as well as, the use of leverage by tackling the “too big to fail” issue. Of course this comes after the barn door has been open and all the horses have fled, and many will argue that The Street will inevitably develop new instruments to challenge the new regulations and oversight…but that’s another problem.
In the over-reaching spirit of not letting a good crisis go to waste, Dodd’s bill also seeks to fix what’s not broken with provisions that asphyxiate investment in startup ventures and subsequently stifles what has historically been the most sustainable source of new job creation during a period of hopelessly high unemployment.
Dodd proposes adjusting for inflation the income and net worth requirements for a person to be considered an “accredited investor” by the SEC under the 1933 Act. If this were to occur it will materially decrease the pool of private capital that is available to finance new companies, and in turn, innovation, job creation and economic growth.
Presently, an individual must have a minimum net worth of $1 million or an annual income of $200K to be an accredited investor. Although the reform bill does not identify the proposed multiplier to adjust these numbers, it is fair to assume that an inflation adjustment approach (based on CPI) is likely which would raise the 1982 mandated $1 million dollar net worth threshold to approximately $2.25 million and the individual annual income threshold to approximately $450,000.
Applying a $450K income threshold to the latest IRS tax return data, the number of accredited investors would drop approximately 77%, from 4.5 million individuals who earned $200K or more to a little over 1 million. That’s a material decrease in the pool of available “angel” capital.
A 2008 study of accredited investors based upon data reported in the 2008 Statistical Abstract of the United States by business demographer Paul Reynolds found that only 10.5% of accredited investors had made a private venture or angel investment in the prior three years. Adjusting that data for the increased thresholds implied under the Dodd bill reduces the number of likely angel investors to between 121,000 and 174,000 individuals…devastating.
We can debate forever the wisdom behind an over-inclusive system that uses personal wealth as a proxy for investment sophistication. Yet, many others (myself included) would maintain that the accredited investor standard prevents those with adequate access to information, or experience, or due diligence skill, or sector expertise, or entrepreneurial spirit or emotional tolerance for risk to embrace the potential asymmetrical upside of private venture investment. (What would you expect from a Venture Populist?)
I agree with the recent opinion expressed on this subject by digital strategist Alex Alben in the Seattle Times…”more investors today have access to financial information and filings through electronic databases than ever before. The old notion that only wealth buys access to financial information is increasingly quaint in our digital age. The financial crisis of 2008-09 was not precipitated by millionaires losing money in private placements…the monetary amount should not be a moving target, changeable at the whim of the SEC… Both houses of Congress should pass a bill with meaningful consumer protection and bank oversight, but not harm privately funded startups in the process.”
I would also add that if the current administration is so intent on identifying the $200,000 income level as “the rich”…as those capable of taking on a greater financial burden in the form of higher taxes, shouldn’t those same individuals continue to have the right of access to private equity and venture capital transactions, the asset class that has historically delivered investors the highest returns?
Rich enough to tax should at the very least mean rich enough to invest.
Personally, I believe the accredited investor thresholds as they are applied to investments in early-stage businesses are arbitrary, under-inclusive, undemocratic, discriminatory, and unnecessarily restrict innovation, economic growth and new job creation. All individuals should be allowed to invest in new businesses. The current rules should exempt venture capital.
But the most that you can ask of a regulatory regime is too simply leave the current law alone. It’s may not be ideal, but it certainly is not broke. Dont’ fix it. Let it be.
Album: Let It Be, The Beatles, 1970
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