Michael Brown, a longtime general partner with Battery Ventures, was just elected to the role of chairman of the National risk capital Association three years after joining its board of directors. Earlier in the week , we trapped with Brown to ask about his new, year-long role with the 48-year-old trade group — and what issues he sees as top of mind immediately for the various American VCs he's now representing.
TC: VCs are always concerned about tax treatments, but these are obviously even more top of mind, given Joe Biden’s proposal last month to boost the highest rate on long-term capital gains to 39.6% from 20%. What does one consider that proposal?
MB: So you’re gonna hit me right within the face with a two-by-four on taxes within the first question, I love it.
This is the NVCA’s position, this is often my personal position and if you ask most venture capitalists, this position is pretty widely held: what Biden is trying to try to to with the Build Back Better Plan . . . we are fully supportive of that and that we are actively working with both the administration and policymakers in Congress to urge done tons of what he wants to urge done. tons of what he’s talking about — whether it’s the physical infrastructure, like bridges, roads, planes; or the digital infrastructure, meaning internet broadband access more broadly and cybersecurity; or climate infrastructure, [around] how we transition the economy and therefore the country to a greener carbon-neutral or maybe carbon-negative world — risk capital is required to fund the entrepreneurs to try to to all of these things . . . It’s really almost hand in glove. He wants this to happen, we would like it to happen, and that we can help facilitate that [because] it’s not getting to come from corporate America, we all know that.
TC: To your point, the cash does need to come from somewhere. Is there variety at which you'd feel more comfortable?
MB: I don’t want to talk on behalf of the NVCA around what's our target rate. I will be able to say that folks in Congress and other talking heads mention the revenue-maximizing rate in and around 25% to twenty-eight . . . and that I think that’s quite where people feel it's reasonable to travel to. What we do believe is that long-term investment should be rewarded and not disincentivized through tax structure.
What happened under the Trump administration, where they extended the time-frame to 3 years [from one year] before you'll receive long-term capital gains treatment, we were fine thereupon because we’re investing for extended than three years and that I think having a while component to make a decision what's future and what's not worked alright .
TC: Another topic that comes up time and again is that the IPO market. It sure seems healthy immediately . Will you've got any suggestions for the present administration concerning taking companies public?
MB: We are obviously very supportive of the capital markets. That being said, if you check out the amount of public companies today versus the amount of public companies 20 years ago — and this is often not just true of technology companies — it’s roughly half the amount . we expect that’s a function of a couple of things. One is simply how the capital markets function today — the power to urge research, etcetera, caused by [specific] legislation; regulatory issues; and just the burdens that a public company have versus a personal company. You’ve also got other [rules] that are omitted the previous couple of years that impact the accessibility of the capital markets for personal companies, and that’s why you’re seeing companies raise extra money and stay private longer, which isn't to the advantage of everyone.
TC: What reform here would you press for many immediately?
MB: Going back a ways now, in 2012, there was a bit of legislation called the roles Act that helped open up the general public markets by addressing a number of the risks and costs related to going public and therefore the regulatory burden. That must be updated. That’s something especially that if we will modify it and make it current, it'll help create that on ramp for smaller companies to access the general public markets sooner and earlier.
TC: What does one consider SPACs, these special purpose acquisition companies that are being raised to require companies public, including, oftentimes by those companies’ own earlier investors?
MB: It’s good to possess more alternatives and more ways for companies to access capital markets. That being said, those vehicles got to be appropriately regulated, and SPACs is one area where regulation has not maintained with quite the realities on the bottom . i feel Chairman Gensler and even before him within the previous administration, [the agency] also felt like there must be better controls on the stock exchange .
One of the advantages of a SPAC is that the ability to supply forward guidance. You can’t have that in an IPO or maybe an immediate listing and that i wouldn't be surprised if the SEC comes out with either revised guidance and or an entire restriction on the power to supply forward guidance. There’s probably something that ought to be done there, but we’ll see.
As for conflicts of interest associated with the economics centered on investors buying companies within their own portfolio, I don’t know if there’ll be regulatory remedies for the conflicts. The SEC has the power to review any of those [deals] if they need , but within the meantime, we’re seeing the market actually changing the economic terms. You’re seeing reduced promotes by the SPAC sponsors. You’re seeing reduced warrant coverage or maybe the elimination of warrant coverage. you've got some SPACs that appear as if venture funds, where there’s really no promote but instead a hit fee if the SPAC completes the merger and does well. You’re also seeing the vesting of the sponsor interest over a period of your time , so they’re locked in over a longer-term horizon. The market is deciding tons on its own.
TC: The NVCA has long been pro-immigration. What are a number of your proposals on this front? What would you wish to ascertain change or instituted?
MB: We took a really aggressive stance within the previous administration round the International Entrepreneur Rule and even [successfully] sued the Trump administration to possess them enforce or a minimum of roll out the rule, which enables the entrepreneur to return to the U.S. as long as they need a minimum number of dollars in financing to create their business here.
Look, we’re during a competitive market. If you check out risk capital 15 or 20 years ago, 85% of the dollars that were invested visited companies within the us , and tons of these visited companies founded by immigrant entrepreneurs. Today, that number stands at just over 50% [including because] founders who are coming here and getting educated and going back home and founding a corporation .
We want founders to start out their companies here and grow their companies here to make jobs and spread the wealth. The International Entrepreneur Rule was a stopgap to ultimately what's called the Startup Visa, a politician visa status that might enable entrepreneurs to return in and provides them certainty that they will stay within the us and begin a corporation and build it. this is often something that’s been within the works for an extended time, and we’re hoping that Congresswoman Zoe Lofgren out of the 19th District of California will reintroduce this visa bill soon, in order that we will put this as a part of the Build Back Better Plan, because we'd like immigrant entrepreneurs to return here and begin companies and use the broader U.S. population.
If you think that about the technologies that we wont to get through COVID it had been Zoom, it had been Moderna, it had been even Pfizer, dating back 100 years. All three were founded by immigrant entrepreneurs who came to the us to start out their business.
TC: is that this a task you volunteered to do? Is there a game of situation that happens amid the NVCA’s board of directors every year?
MB: [Laughs.] it's not just a situation that got passed. [NVCA president and CEO] Bobby Franklin and therefore the outgoing chair discuss who they think would be good supported participation in board meetings and the way engaged someone is with the items the NVCA is doing in Washington and who are often an honest advocate for the industry and for the entrepreneurial ecosystem.
I think it’s a reasonably cool time to possess this job; intellectually, this is often getting to be super interesting, and it’s super important to the industry [because] these are big policy initiatives and we’re a really important a part of the answer here, which must be well-known and well-understood by the administration and Congress. That’s our mission.
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