Movement under way to ease investment by Web

OAKLAND, Calif. – Ian Schuster and his business partners have raised almost a quarter of a million dollars to launch their craft beer brewery company, but if they had more money, they could grow the business much faster.
Bryan Brumfield has poured most of his life savings into the artisanal wine business he plans to launch after he retires as an Oakland firefighter in March, and needs additional capital to bring in outside expertise.
Each would love to tap the power of social media to find additional investors online who would each put up small amounts of money in exchange for equity stakes in their companies, a concept called “crowdfunding.”
But they can’t do so under current law. Companies can sell shares to what the SEC calls “accredited investors” – seasoned, high-net-worth people who understand the risks. But financial stakes for small-time investors are limited to 35 people (fewer in some states), just enough to enable some friends-and-family funding, but not enough to harness the Internet’s reach to attract a larger number of equity investors.
Popular websites like Kickstarter and IndieGoGo show the power of crowdfunding, by letting people request funds online from strangers to back specific projects – a theater performance, for instance. But the people who pledge money can only receive perks like T-shirts, not equity shares, in exchange.
Then there are lending websites like Prosper.com that allow for person-to-person loans. People ask to borrow money for anything from plastic surgery to starting a company and offer a fixed interest rate in return. But again, equity stakes are not allowed.
Now, legislation pending in Congress that enjoys strong bipartisan support and Obama administration backing may make crowdfunding possible for entrepreneurs.
Crowdfunding “has the potential to be a powerful new venture capital model for the Facebook and Twitter age, and its potential to create jobs is enormous,” said Sen. Scott Brown, R-Mass., in congressional testimony last month.
“But crowdfunding is currently illegal because of obsolete regulations, some dating back to the 1930s.”
Brown is sponsoring the Democratization of Capital Bill, which would let small companies sell up to $1 million in equity online in chunks of $1,000 or less. It is under review by the Committee on Banking, Housing and Urban Affairs.
A similar bill, the Entrepreneur Access to Capital Act, passed the House in November by a wide margin. It would allow up to $2 million in crowdfunded investments in $10,000 increments.
But some worry that crowdfunding would entice online hucksters to set up shop.
“A lot of people believe everything they see on the Internet, so we are concerned about fraud,” said Jack Herstein, president of the North American Securities Administrators Association. “Scam artists follow the hottest trends. They could make up fraudulent websites. … Once you push the button and send your credit card number, your money is gone.”
Still, he said, he is not opposed to crowdfunding. He just wants built-in safeguards.
“Everybody should be behind anything that helps the economy,” he said.
At a time when banks can be reluctant to make loans, letting small enterprises solicit funds online so they can start up and grow makes sense, crowdfunding supporters say.
“Crowd sourcing for us would be a dream come true,” Schuster said. His Schubros Brewery, based in San Ramon, will start beer production in March after getting its government license. The five partners have done well raising money from themselves, friends and family and a couple of accredited investors.
“We have enough to get started,” he said. “But if we could get more money, we would be more stable from Day 1. We could hire full-time salespeople and grow faster than planned.”
Brumfield, the Oakland firefighter, said crowdfunding would make a huge difference to him. “Unless things change in the banking world, crowdfunding would be the best opportunity besides friends and family for the additional capital I need to launch,” he said.
csaid@sfchronicle.com
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