Law Blog Category: Private Placement

House Passes Accelerated Access To Capital Act

November 15, 2016 in Private Offerings, Private Placement, SEC

On September 8, 2016, the U.S. House of Representatives passed the Accelerating Access to Capital Act. The passage of this Act continues a slew of legislative activity by the House to reduce regulation and facilitate capital formation for small businesses. Unlike many of the House bills that have been passed this year, this one gained Read the full article…

SEC Study On Unregistered Offerings

Private Offering Rule Changes Since JOBS Act

Concurrent Public and Private Offerings

The SEC has Issued Proposed Rules Amending Regulation D, Form D and Rule 156 – Part II

Structuring The Private Placement Or Venture Investment- Pre-Deal Considerations

Structuring The Private Placement Investment- The Form Of The Investment

Structuring The Private Placement Investment- Development Stage Or Start Up Company Valuation

New FINRA Rule 5123 Takes Effect Requiring Notice of Private Placements by Member Firms

The Financial Industry Regulatory Authority has adopted new Rule 5123 requiring members to file notice of their participation in private placements. The Rule took effect on December 3rd 2012. The new rule does not contain a definition of “private placements” and accordingly is presumed to cover all private placements including those involving general solicitation and advertising under the new Rule 506(c) created by the JOBS Act.

Crowdfunding Timing and Investor Protections

On April 5, 2012 President Obama signed the JOBS Act into law.

Some of the rules went into effect immediately, such as the ability of an Emerging Growth Company to file a registration statement and seek confidential treatment during the review process. For this process the EGC would avail itself of the new Securities Act Section 6(e). The SEC issued, albeit limited, guidance on this process for EGC’s yesterday, April 10, 2012.

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