NEW SEC RULE CHANGE

NEW SEC RULE CHANGE

Why It's Not a Big Deal Despite the Hype

Some people are acting like 506(c) deals just opened up to unaccredited investors.

They didn’t.

Others think this means accredited entities only need $1M in assets now.

They don’t. It’s still $5M.

So what actually changed?

I'm not actually a lawyer, and even if I was, I'm still not YOUR lawyer. So this is my lay person disclaimer to explain the changes to another lay person. Your professional will guide you in your specific situation.

But here goes...

Are You an Accredited Investor? Prove it

This rule only tweaks the verification process for accredited investors.

?? If an investor contributes $200K (individual) or $1M (entity) and provides a written statement confirming their accredited status, that’s now considered “reasonable steps” for verification.

That’s it. Nothing else changes.

Verification of Accredited Investor Status

In a 506(b) syndication that allows up to 35 unaccredited investors and their family members, to keep that number in check, accredited investors must self-certify that they are indeed accredited. In a 506(c) that allows accredited investors only, accreditation must be certified by a third party such as a CPA or reporting service.

This change now allows accredited investors in 506(c) funds to self-certify similarly to how they self-certify in a 506(b).

What This Does NOT Mean

? Unaccredited investors still cannot invest in 506(c) deals. 506(c) offerings remain exclusively for accredited investors. The general public still doesn’t have access to these opportunities.

? Accredited entities still need $5M in assets (unless all members are accredited individuals). Despite rumors, the SEC didn’t lower this threshold. Only certain entities benefit from the streamlined verification process.

? Sponsors and fund managers still have to verify investor accreditation. However, instead of requiring third-party verification letters (CPA, attorney, bank, or income/tax documentation), large investors can now self-certify their accreditation.

That’s it. A minor tweak, not a massive overhaul.

What Is an Accredited Investor? And Why Should You Care?

To understand why this matters, let’s take a step back.

An accredited investor is someone who meets the SEC’s requirements for investing in private securities. These standards exist to ensure that only financially sophisticated investors with enough capital (and risk tolerance) participate in deals that lack the investor protections of public markets.

As of now, you qualify as an accredited investor if you meet one of these criteria:

?? Income Requirement:

  • Earned $200,000+ as an individual (or $300,000+ as a couple) in the past two years with a reasonable expectation of earning the same this year.

?? Net Worth Requirement:

  • Have a net worth of $1 million+ (excluding your primary residence).

?? Entity Accreditation:

  • A business, trust, or organization with $5 million+ in assets OR where all equity owners are accredited individuals.

?? Professional Qualifications:

  • Certain financial professionals (like investment advisors) may qualify based on their experience.

Why This Sorta Matters (But Not That Much)

?? If you’re raising capital, this makes verification slightly easier for big investors. This can remove some of the friction of onboarding new investors, which is especially important for large check writers to fund quickly.

It's especially useful for funds with high minimums, often $250k plus, to do away with outside verification requirements for all investors in the fund.

?? If you’re investing, it doesn’t change who qualifies—just the paperwork process depending on how much you invest.

If you are accredited, you still have access to 506(c) funds at the typical lower minimums of $25-75k (our fund is $50k) if you provide a traditional third-party letter of proof.

Where Can You Get an Accredited Investor Verification Letter?

Obtaining an accredited investor verification letter is a crucial step for individuals seeking to participate in a wider variety of private securities offerings.

An attorney or Certified Public Accountant (CPA) is the easiest route, (they just write the letter and send it straight to you, then you upload to the investor portal).

However, some professionals may be hesitant due to unfamiliarity with the regulations or concerns about their liability. In that case, you might want to find a new one more experienced in private investments is advisable. Matching professional advice with your specific goals is crucial: find the right specialists.

We don't endorse any particular platform, although we do use the first option in our investor portal. Most charge a small fee under $200. The last two are free, but may not be as widely accepted.

  • Accredd.com
  • Verify Investor
  • EarlyIQ
  • North Capital
  • Parallel Markets
  • Accredited.AM

How Long Is It Good For?

? Letters are valid up to 90 days from the issue date for new investments. After that, you need a fresh verification.

? They're valid Up to 5 years for an investment you’re already in—meaning you don’t need to re-verify while you hold a position in a deal.

If you're in a deal longer than 5 years and somehow no longer qualify as accredited, you don’t get kicked out, but it could impact your ability to reinvest in future opportunities. Some funds may require ongoing verification, but most syndications don’t.

Do You Need a New Letter for Every Syndication?

You might need a new letter for every syndication, but you might be able to reuse it in that 90-day period. It depends on the sponsor. Some will accept a recent verification letter from a trusted service, while others require you to go through the process each time. If you're investing regularly, it’s worth getting a fresh letter every few months so you’re always ready to go.

It's the liability of the syndicator to make reasonable efforts to ascertain investor accreditation, so some are more strict and careful than others.

And remember: I’m not a lawyer. This is general guidance, not legal advice. Always check with a pro before making investment moves.

The Bottom Line

This is a small tweak, a paperwork change, not a revolution or a back door to circumvent securities regulations on accredited investors. There is no loophole, stop trying to find one! Even if you did, this is not an area to get creative: they'll close it down with you inside!

So y'all, let's all calm down.


FREE RESOURCES AT RISE!

We help family-centered professionals earn 10-12%+ on short-term real estate backed loans and commercial real estate equity to buy back your time together.

Talk to us any time at partnerwithrise.com

OPEN DEALS

Rise Capital Investments Fund specializes in real estate hard money loans with occasional equity partnerships for passive investors. Accredited investors can review all our open deals on our private investor portal, make soft commits, fund, monitor, and receive distributions all in one place.

EDUCATION

We offer free events every week, and free info to get you onto the path of changing your life through real estate investing.

RISE AND SHINE BLOG

Speaking of learning to trust others, there are some ways to get started building a relationship anonymously without getting on an email list or other (annoying) follow up campaign.

Check out the free articles on our blog as a way to learn about investing and learn about us before reaching out.

TUESDAY PODCAST

Every Tuesday, we release a podcast episode chronicling the Passive Income Adventures of our host Emma Powell and guests as they share their stories of changing their lives through entrepreneurship and investing. We just wrapped up Season 01 at the end of 2023, so feel free to binge listen to all 52 episodes!

Listen, rate, review, and subscribe and all that anywhere you listen to podcasts for a weekly dose of inspiration and education on how you can join us in #financialfreedom or #earlyretirement!

THURSDAY FREE CLASSES

Every other Thursday we host an online learning event or workshop.

For lunch and learn style, join "Relax With Rise" on a LinkedIn and YouTube LIVE event sharing strategies and stories on how we've retired early on passive income.

The third Thursday night of each month we hold an online class "After Hours with Rise" on techniques to build wealth and retire early: you can register for event reminders on our site.


FIND US ON SOCIAL


One of the best ways to get to know the Rise Team without committing to a call or email newsletter is to follow us (anonymously stalk) on social. See what we offer, teach, how we live, ask questions. It's all part of your investor due diligence, the up front work is the gateway to passive income so you can spend less time with us and more time with your loved ones ??

Christopher Borden, CEO

Emma Powell, @passiveincomeadventures on YouTube and Chief Investment Officer

ZASHA SMITH, P.E., @investwithzasha on Instagram and Director of Marketing

Troy Powell, Director of Technology

Harmonie Borden, Director of Investor Relations


BOOK A CALL when you're ready to talk about scaling your wealth to focus on what matters most.

(The sooner you start, the sooner you'll wish you'd started sooner!)

ZASHA SMITH, P.E.

Helping Busy Professionals Build Wealth, Financial Freedom, and Passive Income Through Low-Risk Real Estate Investments. | See Below????

2 天前

Good point! Emma Powell The changes aren’t as big as some people think. It’s still important to understand the rules around accreditation and who qualifies for what.

Mario Ruiz, OTR/L, MBA

Helping you look for real estate investment opportunities| Business Owner| Created a Fund| LP of a 160 apt. building| Let's talk!

3 天前

Great info!! Sharing with my network! Thank you for this.

Emma Powell

? BUSINESS: Paying 10-12% returns backed by real estate, what we invest in ourselves for early retirement. ? PERSONAL: Full-time Travel Homeschool Mom of 6 ? FAMILY BUSINESS: Pitch Deck Design to Attract Investors

3 天前

Let’s talk about how you don’t have to put in $200k to invest in a deal in our fund, but if you do not only will you now do less paperwork but you’ll also earn 12% on that money. Easiest money you’ll ever make, and compounded for five years like a typical equity deal you’ll see 13-15%+ returns for the least risky real estate investing out there partnerwithrise.com/emma

Zander Kempf

Helping $200k+ earners get passive income through RV & glamping resorts | CEO Clear Summit Investments | 70+ investors | 24% avg. annual return

3 天前

A closer look at the changes shows it’s not quite what it seems.

Troy Powell

Making Money Matter through Service, Education, and Investing.

3 天前

Yeah, this one spread a little too fast before we slowed down to see what it was really saying. I love less paperwork, but that's all it is, and only in some cases. We did have some investors panic they had to put in $200k, but honestly, that's where we pay 12% so now there's one more reason to invest a little more with us

要查看或添加评论,请登录

Emma Powell的更多文章

  • Don't Get Scammed, or Cheated, or Burned

    Don't Get Scammed, or Cheated, or Burned

    Watch Out for Red Flags Before You Lose Green So many scams out there, I know you are wary. How can you know who's…

    25 条评论
  • How to Fail at Retirement in One Easy Step

    How to Fail at Retirement in One Easy Step

    Here's the easy step to ruining your retirement, whether you retire at 45 or 65. It's a great example of winning by…

    18 条评论
  • Don't Let Your Brain Fall Out!

    Don't Let Your Brain Fall Out!

    The popular saying about "the path less taken" puts too much value on alternative ideas as better than mainstream…

    8 条评论
  • "Is Your Real Estate Investment Just Hiding a Full-Time Job?"

    "Is Your Real Estate Investment Just Hiding a Full-Time Job?"

    Real estate has been our ultimate wealth-building tool, but not all investments are created equal. Understanding the…

    14 条评论
  • What's Coming for Investors in 2025?

    What's Coming for Investors in 2025?

    A Historic Date and Uncertain Future What does the new year and the new administration filled with old familiar faces…

    10 条评论
  • Copy of The Double Holiday Rush: 'Tis the Season for Last-Minute Gifts and Real Estate Purchases

    Copy of The Double Holiday Rush: 'Tis the Season for Last-Minute Gifts and Real Estate Purchases

    Why Are Investors Scrambling to Purchase Property Before December 31 Every Year? As the holiday season unfolds, it's…

    15 条评论
  • What Curriculum Should I Use?

    What Curriculum Should I Use?

    HOMESCHOOLING ENTREPRENEUR ISSUE 4: Some questions in homeschooling are repeated so often they become their own memes…

    8 条评论
  • Why Banks Don’t Own Real Estate and You Shouldn't Either

    Why Banks Don’t Own Real Estate and You Shouldn't Either

    The "12% Solution" to Retire Richer Most people settle for mediocre retirement plans offered by employer plans or…

    29 条评论
  • But I LIKE Them Going Away to School Every Day!

    But I LIKE Them Going Away to School Every Day!

    HOMESCHOOLING ENTREPRENEUR ISSUE 3: Not to incite a judgmental riot here, but I had kids because I wanted to be with…

    7 条评论
  • Happy Thanksgiving, You're Fired...Again!

    Happy Thanksgiving, You're Fired...Again!

    How We Pay Our Bills on Passive Income: Two-Year Update Since we have retired (laid off? fired?) from the corporate W-2…

    13 条评论

社区洞察