Based on the verbiage, FundersClub is allowed to slide because "FundersClub and FC Management are advisers solely to venture capital funds", which has a very specific meaning that doesn't apply to crowdfunding.
It's pretty clear that WeFunder will need to be registered broker-dealers. I'm surprised they didn't do it already -- it's not a particularly expensive or time consuming process (and here in NY at least people set up BDs all the time because investment banks and most funds won't pay finder's or other fees to entities that aren't broker-dealers)
Correct, FundersClub is a venture capital advisor (ie, a VC), and is not relying on JOBS Act exemptions or a broker-dealer registration. The TechCrunch article title is not technically accurate, though in their defense, people do seem to want to group online VC in with crowdfunding at a high level. There are important distinctions, however.
I'm Josh, the author of the TechCrunch article. I've updated the post to reflect the differences between equity crowdfunding and the online venture capital model FundersClub uses. I've also noted that WeFunder takes the broker-dealer route.
It's pretty clear that WeFunder will need to be registered broker-dealers. I'm surprised they didn't do it already -- it's not a particularly expensive or time consuming process (and here in NY at least people set up BDs all the time because investment banks and most funds won't pay finder's or other fees to entities that aren't broker-dealers)