Crowdfunding Requires New Type of Broker-Dealer Says Michigan

Thanks to JD Alois, an author at Crowdfund Insider, for providing valuable insights in to a new type of broker-dealer being defined by the State of Michigan. The goal behind this move is to introduce more opportunities for licensed professionals on Main Street, not just Wall Street.

Michigan has been one of the states at the forefront of allowing intrastate investment crowdfunding to occur as Title III retail crowdfunding remains in a regulatory holding pattern.  The state has found capable champions in the legislature and within the business community who are embracing crowdfunding as a part of their economic policy.  The Michigan crowdfunding exemption was signed into law by Governor Rick Snyder at the tail end of 2013.  The legislation was introduced by Representative Nancy Jenkins who envisioned investment crowdfunding as a much needed catalyst to aid in the economic recovery of a state that has gone through a difficult decade.

The Michigan Invests Locally Exemption or MILE experienced their very first crowdfunding success this past month as the Tecumseh Brewing Company raised $175,000 from area residents to help finance their young company.  The offer was listed on LocalStake – an investment portal – and the  goal was reached about halfway through the stated campaign period.  Both accredited and non-accredited investors came together to finance the business.  A total of 21 investors participated with the smallest amount invested being $250.

As part of their economic policy to boost the competitiveness of  their state and increase jobs a new bill creating a local stock exchange was discussed.  Representative Jenkins stated at the time; “..Local businesses—the very ones growing the Michigan economy—may not be up to the national stock exchange level, but they are in need of funding just like any business.”

The objective was to give citizens the opportunity to invest in Main Street – not just Wall Street.

Now advocates have taken a different tack.  While the original bill was designed to create a state stock exchange for these crowdfunded companies, advocates have chosen a different path to address the issue. A spokesperson for Jenkins stated; “..Through researching and talking with the SEC and various individuals, we discovered the simpler and more appropriate route was to create a new type of “intrastate broker-dealer” under Michigan law that would be titled “Michigan Investment Markets.” These MIM’s will connect buyers and seller of intrastate securities.”

 

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The Bad Broker-Dealers Just Banned From Brokerage Industry for Swindling Customers

vcxvxFINRA is rounding up the crooks in the bank channel. The regulatory watchdog recently barred three more bank advisors from the industry, adding to the two it banished in April.

Two of the three brokers recently banned were registered with JP Morgan Securities. Kirk Eric Archibald allegedly created unauthorized bank ATM cards while employed as a personal banker and then used them to make unauthorized transactions that resulted in a loss of $19,150, according to BrokerCheck and a settlement letter that he signed with FINRA.

Michael Linfeng Zheng, the other disgraced advisor from JP Morgan Securities, allegedly took an unattended bank customer’s debit card and programmed the card’s PIN on a coworker’s computer. He then used the debit card at a nearby ATM to steal $404 from the customer’s account.

Ann Maria Ferrao was with HSBC Securities. FINRA permanently barred her from the industry for allegedly misappropriating funds from clients’ bank accounts for the benefit of other clients and for her own personal benefit, according to the settlement letter she signed.

JP Morgan, which dismissed both Archibald and Zheng, did not return a call seeking comment. And HSBC, which fired Ferrao, declined to comment. Archibald, Zheng and Ferrao could not be reached.

The regulator also suspended an advisor registered with Wayne Hummer Investments, the investments and insurance arm of Wintrust Financial Corp.’s wealth management division. Arnold Steven Janickas was suspended for two years for allegedly borrowing a total of $805,000 from a customer to buy and renovate a house. Contrary to FINRA rules and Wayne Hummer’s written policies and procedures, Janickas accepted four unsecured loans in the amounts of $550,000, $75,000, $100,000, and $80,000, without notifying or obtaining approval from the firm. He repaid $444,882, leaving a loan balance of $360,118, FINRA alleges in its settlement letter with the advisor.

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