From a securities compliance perspective, when
you see an advertisement or an email seeking capital for an investment
opportunity there is most likely a problem. Now there is a bill in Congress
that would change that view.
When selling a security, you need to register the
security or find an appropriate...
Representative Kevin McCarthy (R-CA and House Majority
Whip) recently introduced the Access
to Capital for Job Creators Act (H.R. 2940) , which would remove the ban on
general solicitation for securities offering conducted under Rule 506 of
Regulation D. Rule 506 is a safe harbor regulation which...
On Thursday afternoon, the US Senate passed the Jumpstart
Our Business Startups Act, a bill designed to make it easier for small
companies to raise capital. The centerpiece of the legislation is the
crowdfunding provision. However, the Senate passed an amendment to that section
of the legislation...
Since the Jumpstart Our Business Startups Act
(JOBS Act) was passed by Congress this past April, the EB-5 community has
waited in anticipation for the Securities Exchange Commission (SEC) to revise
its rul es to remove the prohibition on general
solicitation and general advertising under Regulation...
by David Carroll
The next few years may be the largest watershed event in opening up private equity capital since the 1980s when Regulation D was first published by the Securities and Exchange Commission (“SEC”). By allowing general solicitation and general advertising in private offerings...
One common misconception I encounter among startups is the idea that companies raising capital can include non-accredited investors in Rule 506 offerings. While it is technically true that a Rule 506 offering may include up to 35 non-accredited investors, what is often missed is that it is not really...
On August 6, 2015, the Securities and Exchange Commission (the "SEC") issued a number of Compliance and Disclosure Interpretations (" CDIs ") related to the issue of “general solicitation” (or “general advertising”) as it pertains to issuers seeking to raise...