Amending the Ban on General Solicitation and Advertising

There seems to be some momentum for changes to the Regulation D's prohibition on advertising a private fund offering. The Managed Funds Association has asked the SEC to start a rulemaking and one of the SEC's new advisory committees has also recommended a change. The SEC's new Advisory...

Should Private Funds Be Exempt from the Ban on General Solicitation?

The Managed Funds Association recently submitted a comment letter to the Securities and Exchange Commission dated January 6, 2012 requesting the SEC to amend Rule 502(c) of Regulation D to exempt private funds, such as hedge funds, private equity funds, and venture capital funds, from the ban on general...

Ban on General Solicitation in Private Offerings Ends September 23, 2013

It’s official. The new SEC rules ending the ban on advertising and general solicitation in Regulation D private securities offerings to accredited investors were published in the US Federal Register on July 24. They are effective 60 days later, or September 23, 2013. After that companies and their...

SEC Chair White: Move on New Regulation D Proposal

As many know, when the SEC passed rules allowing companies and private funds to use general solicitation and advertising in certain private securities offerings as mandated by the Jumpstart Our Business Startups (JOBS) Act, they also proposed a series of rules that would add investor protections in such...

Overview of Proposed SEC Crowdfunding Rules

by Trent Dykes and Nathan Luce Earlier today, the Securities and Exchange Commission (SEC) took an important step in making securities-based crowdfunding a reality for many small companies with the release of its proposed rules governing crowdfunding. The proposed rules, called “Regulation Crowdfunding...