Dodd Bill Could Render Startups Too Small to Succeed

Senator Christopher Dodd (D-Conn) recently introduced sweeping legislation that aims to rein in the excesses that led large financial institutions to become “too big to fail.” Somewhat ironically, it also has the potential, as one commentator put it, to make startups “too small to succeed.” In the rush to prevent future problems, we risk taking resources away from our entrepreneurs who are the economic engines that create jobs and help grow GDP.

Two Problems for Entrepreneurs

There are two small and seemingly innocuous provisions buried in the over 1,300 pages of this bill that almost certainly will hurt startups, particularly those at the earliest stages. Both have been opposed by the Angel Capital Association and the National Venture Capital Association. The first (sections 412 and 413) would change the definition of “accredited investor.” The second (section 926) would delegate at least part of the oversight for private placement filings—known as Regulation D—from the federal level to states.

These may be small provisions, but they will have no small effect. According to a study last year by the Kauffman Foundation, so-called “gazelle” firms (ages three to five years) comprise less than 1 percent of all companies, yet generate roughly 10 percent of new jobs in any given year. Even more to the point, remove startups from the job creation totals, and only six years from 1977-2005 saw net positive job creation. In the other 28 years of this span, without startups there would have been net job losses. The jobs attributed to startups reflect both the innovation entrepreneurs bring and the net growth to GDP that’s been heavily documented by both the Kauffman Foundation and NVCA.

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Author: James Geshwiler