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Rick Tumlinson

Rick Tumlinson

Posted: April 5, 2010 05:22 PM

Dodd's Bill Is an Angel Killer

What's Your Reaction:

President Obama bet his legacy and the nation on the creativity, energy and drive of the American people. His entire persona is that of a man bent on creating a better future, placing the long and short bets that will insure the US remains the most vital and creative nation in the history of the world. His faith in American ingenuity and the abilities of the people to innovate and create fill every speech he makes. In particular four areas are the focus of his belief that Americans can lead the world into a brighter tomorrow; clean energy, communications, medicinal technology and space development. Be it encouraging the development of a US clean energy industry, supporting our amazing internet and communications entrepreneurs, developing new ways to save lives and make Americans healthier at lower cost, or catalyzing a vital new commercial space industry to follow in NASA's footsteps and open the frontier to the people, in each of these areas the president is pursuing initiatives that are transformative.

Meanwhile, in his zeal to regulate the monster banks of Wall Street, Senator Christopher Dodd, Chairman of the Senate Banking Committee is about to kill the most vital and exciting part of the American economic miracle in all of these areas -- start-ups.

If small business start ups are the engine that will pull us into the future, if entrepreneurs and their ideas are the fuel that powers the engine, then angel investors are the spark plug that ignites the idea and turns their potential energy into forward motion. These are the folks whose early money propels them upwards and helps their ideas take off.

Getting an idea from your laptop to market is a scary and tricky business at the best of times. It is literally the art of creating something from nothing. It is, as one successful Silicon Valley entrepreneur once said "the most exciting and the scariest" moment in one's life. You are literally betting everything on yourself. Your idea, your plan, your sweat and your ability to make it all happen. And if it is a good idea, you can almost bet somebody else out there, somewhere in the world is also working on something similar - so time and the ability to maneuver through the obstacles in your way and find early financial help to get you up and running and your product out to the market as fast as possible is critical.

And thus from out of the heavens descend your angels. Aptly named, Angel investors are usually the first ones in when it comes to taking a great idea and starting a company. They are the first ones who believe in you and your idea, the first to lay their own funds on the line. They are often your friends and family, but also include those with wealth outside of your circle - the kind of people who don't know you and you have to work even harder to impress - and for all of them the last thing you want is to make investing more complicated than it already is.

Just the discovery of the proposed changes in the bill now in Congress aimed at fixing Wall Street has chilled the entrepreneurial and angel investor communities to the bone. One hears comments that this plan is "insane" and will "destroy Silicon Valley" let alone the other fields I mentioned. The odd thing is that although the financial meltdown on Wall Street is a true scandal of epic proportions, the main street investment world is a resounding success, with relatively few issues, and certainly not in the areas this bill purports to "fix." It is as if someone from another country got into the bill writing process and came up with a way to sabotage the American creative dream machine by slipping in a little poison.

Here are the killer clauses:

  • Start-ups have to register with the Security Exchange Commission and then wait 4 months minimum for it to review their filing. This is a lifetime in the fast moving world of start-ups. (Keep in mind you and your employees are living hand to mouth everyday there is no money coming in.)
  • Accredited investors (those who can legally invest in start-ups) would be limited to those with assets of over2.5 million (up from1 million) or a personal income of450,000 (up from250,000). This knocks mom and dad and uncle Bill right out of the game for most entrepreneurs. How many multi-millionaires in your family and close friends?
  • Removing the federal pre-emption which provides a single set of national regulations and forcing companies to deal with state-by-state variations in rules. Most start-ups are kitchen table corporations at first. We have no money to pay lawyers to figure things out for us. That's why we are looking for funds in the first place. Duh!


I am not overstating it when I say these plans may well be someday be
seen as the death knell of American leadership in the world. The Dodd
Bill will choke off innovation and wealth creation at exactly the same
time the president is trying to kick start it by smothering the
vitality of what needs to be a dynamic and open area of creativity,
while actually denying many in the middle class the chance to get
involved at the ground level of any future Microsofts or Boeings.


This is not just some academic abstraction for me. I founded a start-up
just a few years ago. We make spacesuits, and produced the world's
first commercial suit from drawing board to working prototype for less
than NASA pays for one glove. This kind of innovation is exactly what
the President is betting on to lower costs to taxpayers and create a
new space industry here in the US in his latest initiative to hand
over some elements of our space program to commercial firms. And I
know my brothers and sisters out there in energy, medicine and
communications are cranking out such innovations themselves everyday.
Of course we need a fair legal regime, but we need money, we need
simplicity and we need to be able to move fast. The last thing we need
is the "helping hand" of big brother aiming a gun at us and those
financial angels who would help us change the world.


Please don't shoot the angels Mr. Dodd, we need them to lift us into the future.

 
 
 
 
 
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01:25 PM on 04/06/2010
I’m a patent attorney and am “of counsel” to a few firms that provide a LOT of assistance (in virtually all aspects) to start ups.

While I am sure that Dodd’s bill will force some changes onto the world of startups, I hardly think it will be the venture funding killer that that author claims it will be.

Below are a few of my reasons why I hold a view different than the author

1) The single greatest hurdle to startups is NOT funding but rather knowledge. Nearly all startups have serious gaps in their knowledge base over administrative issues, legal issues, fiscal issues, technical issues, etc. – This is why most angels will demand that the owners fully commit (leave other occupation, etc.) to the business before agreeing to provide any funds (the idea being that without full commitment, the owners will not be able to solve issues outside of their knowledge base)

2) 4 months is NOT a lifetime in a start up. It is a lifetime to those trying to make fast money

3) Most startups receive family money as a gift or in ways probably not directly addressed by the bill.

Etc.

Just my thoughts
12:30 PM on 04/06/2010
I am sick of every attempt to regulate business or enforce a fair,progressive tax being called a Jobs Killer. Setting up fair rules for taxpayers,citizens, owners and workers should be applauded. It seems that according to the US Chamber of Commerce the only way to have a successful business is when owners can hire illegals and pay no taxes or obey no rules and protect no worker/customers. Since every law and tax rule is picked over and amended for particular and single businesses. Since every attempt at reform is universally attacked by pro business types, and no change ever happens that does'nt favor themselves only. You get legislation that HAS to rammed down your throat. Mr.Dodds bill might be flawed,great or bad. That does'nt matter. When common sense and fair changes are destroyed by lobbiests you might get be left with knee jerk or poor legislation when the Voters finally get fed up with it. Just look at HC reform. since the insurance business did NOTHING in the last 15 years to make the system better, you get politicians forcing things(good or bad) down your throat. Play fair at the start and you Will get positive results. Be selfish and greedy you get an opponent to be selfish and greedy.
07:27 AM on 04/18/2010
Wow, this post really doesn't justify a reply. You're obviously in way over your head and your post is far too easy to pick apart, but I'm going to dig in a bit anyway.

1) You've OBVIOUSLY never started or run a business. Until you have, you have no valid opinion.
2) Not having a valid opinion (see point 1), you have no idea what fair rules are.
3) What do you consider a fair or progressive tax? Currently 47% of US households pay $0 federal income tax, and the top 5% of earners pay something like 60% of the bill. Is that not progressive enough for you????
4) That the bills are FATALLY flawed don't matter to you? There are not strong enough words...

SAD.
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humanbeing-rick
Born in the USA 1947
11:49 AM on 04/06/2010
Mr. Tumlinson is attacking the entire financial reform bill over 3 relatively minor points that could be improved. This is the wrong approach. Rather than taking a negative position on the entire bill, which is already too weak and too late, he should work to improve upon it.
I am not an expert, but I would tend to agree with the points raised, and would hope that it could be worked into the bill, or refined at a later date.
I did not hear a proposal or suggestion to fix it in the article, it was just negative about the whole thing.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
10:05 AM on 04/06/2010
Startups and small companies are overrated.

We need electric cars, trains, batteries, solar panels, windmills, nuclear plants - not space suits.

Those will all be made by large companies.
Small companies cannot compete at large-scale manufacturing.
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tailgateshirts
01:59 PM on 04/06/2010
They will most likely create the underlying technology that will be bought by a larger company.

Google has bought about 5 startups this year alone.

Ever hear about Tesla? Small startup that is making efficient cars. Doesn't need to be a Toyota to do so.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
10:00 AM on 04/06/2010
I worked in software for 30 years, in Silicon Valley in the '70s, later Mass. I worked for DEC, Wang, HP and bunches of small start-ups, two that were acquired, made money on options, authored a patent. I can safely say I have wider experience than the author in the matter of startups.

"Angel" investors? Investors are ANGELS?

The proper term is "Venture Capitalist" (VC) but we usually called them "Vulture Capitalists".

They are interested in a killing for their rich clients, not in creating businesses or jobs. Their main goal is to hype the company into a lucrative IPO before they sell their shares, a "pump-and-dump" approach. The resulting companies are not viable and go under, like happened in 2000.

"angels" gave us furniture.com
11:46 AM on 04/06/2010
You've just gone and proved you do not know what you are talking about. "Angel" investors and venture capitalists are operating at two entirely different levels of funding.
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joebhed
Greenback Revolutionist
09:49 AM on 04/06/2010
Actually, the American people losing $TRILLIONS$ of their hard-earned monies due to the financial crisis was the angel killer.
The angel of financial innovation leading anyone anywhere is long dead.
Without a determination of what caused the crisis, one thing is sure.
Dodd's bill does nothing to prevent it from happening again.
The Money System Common
www.economicstability.org
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08:55 AM on 04/06/2010
I am confused Mr Tumlinson- so in order to start my own company, I have to register with the SEC? You are saying every start-up company must be publicly held, obviously, otherwise there would be no SEC involvement. Gone are the days of LLC's, partnerships and personal and bank loans to start privately held companies? Wow, Dodd is the business boogeyman. I did not realize that Dodd was going to make my son file with the SEC to start his paper route, and to wait four months before he starts, and have to ask for help to buy a paperbag from multi-millionaires instead of asking Dad. My daughter will cry now that she has to wait 4 months to start a lemonade stand, and forget about Mom buying the mix and cups because Mom is not a multi-millionaire. How long do I have to wait and how much SEC red tape do I have to cut through to have a garage sale? Too bad my good buddy who started an aerospace automation firm using his own money which now employs 26 people will be forced to shut down and wait for the SEC to allow him to continue filling orders for Boeing.

Mr. Tumlinson, I am officially petrified. Obama must be a Kenyan boogeyman.
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09:08 AM on 04/06/2010
Great sarcasm.

Poor Mr. Tumlinson has to wait a whole 4 months to take his start up public and entice Wall Street gamblers into buying stock into his 4 month old company. And the SEC wants to force him to show them that he has REAL investors and financial backing to do this. Tsk. Tsk.

I seem to recall a time when those 'angels" were putting all sorts of money with no restrictions into less than 4 month old companies. All you needed was an idea and somebody would give you a million dollars, make your idea a full fledged company and put it on the market for millions of fools to invest in. Then it turned out that your idea was nothing and your company was nothing and millions of folks lost their money and millions of others lost their jobs.

Oh yeah, that was the 1995-2000 Tech Bubble that caused our last recession. Senator Dodd and Obama are such meanies for trying to prevent that from happening again.
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ColinStevens
01:05 AM on 04/06/2010
Mr. Tumlinson,

Your article has been thoroughly debunked by about ten different economists and regulatory experts already.

With respect, you should leave the interpretation of these things to the experts. You've completely misinterpreted the language of Dodd's bill.

And with respect, someone in your position is most likely making a great deal of money from a largely unregulated Wall Street right at the moment, so you'll pardon us if we find your attack of financial regulatory reform a bit, shall we say, insincere.
01:19 AM on 04/06/2010
Perhaps you could name them and give us a list of citations?
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Stephen Herrington
12:10 AM on 04/06/2010
Mr. Tumlinson, I believe the measures you cite are aimed at curbing "pump and dump' operations in the darker side of venture capital. The SEC can't possibly regulate, or even be interested in what goes on in someone's garage. Although I've not read the bill, seems to me the regs here would apply to qualifying for a public offering. A four month wait for an IPO is not a big deal, neither is showing substantial backing. You ought to be able to plan for both. The last point about state variations is a solid one though. In my experience 50 times as many opinions creates 50 times the confusion and corruption. Enter the lawyers. As you say, duh!
iridium53
Semper Fi
11:20 PM on 04/05/2010
Dodd and Team Obama will do anything, anything, to help big business.

Even choking off small business so that big business won't have competition.

Team Obama and the banks already, effectively cut off most lending to small business.

This will just take them one step closer to completion of the kleptocracy that is Obama.
01:49 AM on 04/06/2010
Oh please. Small business startups don't have a glimmer of an interest in SEC filings. You either know this and are propagandizing or you don't know much.

The same analysis applies to the joker who wrote the article above, too.
01:49 AM on 04/06/2010
The kleptocracy was the Republican juggernaut that inherited a budget surplus from the last Democratic administraton. What did they do with it? They cut taxes for the people who own those corporations while increasing the size of government far beyond anything seen in history and starting wars designed to make some of those big corporations even richer while sending the national debt to heights never imagined during any previous administration, red or blue. What financing they did raise was money wrongly taken from the Social Security Trust Fund and loans from China.

It has been at least a generation since we have seen any concerted effort by Republicans to pay as we go, despite their campaign lies, election after election, which people like you keep believing even as they are ignoring their promises to address your hot button issues and also robbing you blind.

It was the Republicans who oversaw the massive redistribution of wealth from the middle class to the corporate class. THAT is kleptocracy. It was their judges who made corporations citizens and recently gave corporations the right to infinitely out-spend human citizens when it comes election time.

Dodd is apparently a tool, but the proposed law will be revised. Contact your representatives with your ideas about the changes should include.
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jcaunter
Profile: schizoid, INTJ
04:18 AM on 04/06/2010
There is no difference between Republicans and Democrats, except for the language they use when they talk to the people. Policy-wise, they are one and the same.
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NickHP
engineer, human, humane
10:04 PM on 04/05/2010
Mr. Tumlinson

Okay, so some provision needs to be made for startups, which I've heard recently that startups not small companies in general, create the most permanent new jobs. The current loose regulation has allowed large entities to make massive leveraged bets against our system and rip us off to the tune of trillions of dollars, and then come back for the bailout. It makes sense to regulate, but to temper that regulation with the usual escape clauses for startups - say less than $5 Million in sales. At that stage they employ 20-50 people and my guess is they are past the Angel startup stage.
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wethepeople3884
in Order to form a more perfect union ...
09:11 PM on 04/05/2010
"insure the US remains the most vital and creative nation in the history of the world"

Im going to counter this notion by saying we are not even that country currently.
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Rick Tumlinson
09:35 PM on 04/05/2010
I think we are, and frankly, most of the technology you used to make and transmit your comments helps proves it.
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Nosybear
Liar, damn liar, statistician and brewer
10:44 PM on 04/05/2010
Yep. Made in China.
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wethepeople3884
in Order to form a more perfect union ...
11:31 PM on 04/05/2010
This country doesn't really make anything any more. We have fallen off the map when it comes to leading the charge towards alternative energy resource production and implementation. How many other developed countries in this world are still having large-scale public arguments on whether or not climate change is actually true. I would imagine the majority of most countries no longer consider such a debate a productive use of their time. Furthermore, how many countries still have to debate some on the merits of the theory of evolution? How many countries elect politicians that don't believe in evolution? A theory that in over a century has not been refuted by any significant scientific research data. How many developed countries in this world still think putting an emphasis on abstinence is the future to combatting AIDS and teen pregnancy? If anything, this country has went backwards in the last few decades on some of these ideas above - so excuse me if I remain skeptical on the day that we are paving the future for this world. If anything, we are being dragged into the future by others who are tired of our popular ignorance.
blogisti
Censor Approved Knowledge Only
08:25 PM on 04/05/2010
Dodd created a bill for the people who have paid him now and will pay him later. Why would he be interested in helping another group?
As for hydrogen, the oil companies won't allow it. Period.

Naivete is getting old. Once you discover who owns everything including the important politicians you can start blogging from a reality base.
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Rick Tumlinson
09:37 PM on 04/05/2010
Reality is relative. Mine is that I believe in our ability to make changes. I do not underestimate my foes. Read my bio. For almost a year we ran the Mir space station and were "nuked" by government interests. We fight on.
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Nosybear
Liar, damn liar, statistician and brewer
06:50 PM on 04/05/2010
Uh, since when is a Space Policy Expert qualified to write on economics? They did a bad enough job with the space program and its policy of timidly going where many have gone before. But enough shooting the messenger. What, sir, do you propose we do, business as usual? While the Great Recession may have been a black swan event, a perfect storm of negatives, most economists, if not space policy experts, agree the conditions could repeat. All it takes is another debt-fueled bubble and here comes Crash 2.0, bigger, stronger, deeper. Admittedly the Dodd bill is like the Health Care bill, deeply flawed and too timid but it's a start. "Too Big to Fail" should be an anti-trust violation but until we have the stones to enforce the laws we already have on the books, I'll take a flawed reform.
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Rick Tumlinson
09:39 PM on 04/05/2010
Old school space policy was about government and science only. NewSpace policy issues are about all of that and how we create an open and operating economic frontier in space.

I would have you contact your politicos and ask them to remove those three clauses that will harm innovation.

Oh, and one more qualification - I founded a start up myself as I don't believe in talking the talk without walking the walk.
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08:52 AM on 04/06/2010
Remember the technology bubble? It was fueled by tech start ups that got their IPO's and then turned out to be complete busts. The market drove the stock values of these losers up to the sky and when it came out most of these companies weren't really making anything of value or working on any technology that had a chance in h3ll of working....BOOM! The bubble burst.

The so-called "angel killer" provisions of this bill Mr. Tumlinson is objecting to are aimed at preventing that kind of bubble from happening and bursting again. Heaven forbid us lowly earth bound spirits be protected from irresponsible and corrupt angels.
07:17 AM on 04/18/2010
You show a complete lack of understanding of basic economic principles. The tech stock bubble would NOT have been prevented by this bill in the slightest. Dumb investors who didn't know how to read a p/l statement and/or those who gave in to group think is what led to the tech bubble.
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06:37 PM on 04/05/2010
essentially, the "start-up" culture is exactly what the name implies--short term, come up with an idea and pitch it and pray the big monster corps take it over and pay millions. In the old days, to start a business was to start an endeavor. once again, to do something entirely for money is short term thinking and the real reason why we are failing as a nation.
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Rick Tumlinson
09:41 PM on 04/05/2010
Too bad you really don't get it. But I understand your views based on popular perceptions.
Most people starting new companies at the small level needing angel investors actually do have a dream. Yes, some may want to grow their firms and sell out, but I know in the field of space entrepreneurs share a dream of a new frontier in space. Stay tuned, you will be hearing a lot more about us.
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Nosybear
Liar, damn liar, statistician and brewer
10:46 PM on 04/05/2010
I have a friend in this camp. The guy can make body armor lighter by nearly an order of magnitude than is currently available today. Where are his angels?