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SEC Issues Warning to Investment Crowdfunders

In late April, the U.S. Securities and Exchange Commission (“SEC”) issued a warning to premature investment crowdfunders, and the SEC’s warning contains implications for filmmakers. In its warning, the SEC pointed out that on April 5, 2012, the Jumpstart Our Business Startups (JOBS) Act was signed into law. Among other thing, the Act requires the […]

That Pesky Equity Component of Independent Film Finance Plans

Recently, I went online and conducted a search for “film finance blogs”, to see what information was being offered to filmmakers regarding this somewhat difficult but necessary aspect of independent filmmaking. Most of the articles agreed that many independent films will find it necessary to cobble together financing from 4 to 5 different sources, and […]

Debt vs. Equity in Film Finance

In my work with independent film producers in the area of film finance over the past twenty years or so I have often observed that many such filmmakers do not have strong opinions about what form of film finance to pursue. They just want the money to produce their films and don’t really want to […]

Re-Selling Units of a Private Film Offering

Independent producers seeking to raise funds to produce a motion picture and conducting a so-called exempt or private placement type offering in reliance on the SEC’s Regulation D, often are asked the question by their prospective investors: “Can I resell these LLC units to someone else?” This brief article seeks to answer that question. Units […]

Film Offerings to Foreign Investors

Since filmmaking is typically a business venture that seeks to generate revenues on a worldwide basis and an increasing percentage of such revenues for many films appear to be coming from the international markets as opposed to the domestic marketplace (U.S. and Canada), it is not uncommon for U.S. based filmmakers to seek out opportunities […]