Basic premise:
1. Most new jobs are created by small businesses.
2. Small businesses are necessary for the innovation needed to secure the U.S. competitive future.
3. VC backed small businesses create 150 times the number of jobs than other small businesses.
Small businesses are currently being squeezed by a lack of capital:
1. Banks have tighter loan requirements to meet and are taking smaller risks, or have no capital to lend due to making bad loans.
2. VC fund raising is down significantly as is VC investment.
3. Angel investing is down.
The U.S. government can help solve these problems in a number of ways:
1. Fix SBA 7A loan guarantees. The government recently enhanced the SBA program by temporarily eliminating fees, raising the bank guarantee to 90%, and increasing the limit to $5MM. This worked for several of my small business clients in traditional manufacturing or distribution businesses. This change did nothing to help Internet businesses like those providing software as a service (SaaS).
a. Banks can’t rely on the government guarantee and therefore must stick closely to their three C’s - character, cash flow, and collateral.
i. Banks are called on to make sure they evaluate the loan so that they meet the reasonable criteria.
ii. The government only evaluates if banks have properly loaned the money when the government is asked to cover their guarantee on a failed loan. The government has a record of denying this coverage if small mistakes are made in the paperwork or they can show that the bank wasn’t sticking to normal loan criteria. This is different than the SBA 504 program where the government actually loans the money along with the bank.
iii. This saves money in due diligence for the government.
b. Since banks can’t rely on the guarantee, they deny good loans. Internet businesses are especially limited in the ability to qualify because they require virtually no assets. If there is a small flaw in character (credit score, years in business) or cash flow, the loan request is denied. For example, one of my clients has a SaaS business with $350K in revenue last year and profitable. They have been in business 5 years and have contracts for $250K with high quality clients for 1-3 years. They doubled their client base this year. This proves they have cash flow. The owner of the business is recently divorced and has no home for collateral and has a mediocre credit rating as a result. They were denied for an SBA loan.
c. If the government invested in loan approval at the time of the loan, more loans to small businesses could be approved.
2. Help small business raise captial. Fix the SEC regulations regarding capital finders. This article identifies the problem and the solution recommended by the American Bar Association. https://jmf-law.com/uploads/Private_Equity_Alert_-_Unregistered_Finders_-_The_Last_Chapter_-_VC_Experts.pdf
3. Broaden the definition of Venture Capital as proposed by the SEC for the Dodd Frank legislation. The proposal is very limiting with regard to how limited partners are treated.
4. Continue to treat the increases in company value as capital gains for the VC general partners. Increasing taxes on VC general partners means that fewer business people will be interested in creating VC businesses.
5. Provide a tax benefit for investors that encourages investment in small businesses. For example, eliminate the tax on investment in small businesses that are sold within 5 years.
6. Allow small business to raise smaller amounts of capital over the Internet. Businesses raising capital under Regulation D exemption for small businesses are not allowed to advertise their raise. No advertising means that foreign businesses find it easier to raise small amounts of capital outside the U.S. http://www.sec.gov/rules/petitions/2010/petn4-605.pdf