Tag Archives: SEC

General Solicitation, Where Are You?

Posted on May 7, 2013 by

The Jumpstart our Business Startups Act (JOBS Act) was signed into law on April 5, 2012 and was to (among other things) allow businesses to generally solicit investors for certain securities offerings as well as create guidelines for crowdfunding.  The Jobs Act  required the SEC … Continue reading →

Posted in Crowdfunding, JOBS Act, Reg D 506, Rule 506(c), Securities Offerings | Tagged , , , , , , , | Leave a comment

SEC Not Liable for Madoff

Posted on April 11, 2013 by

On Wednesday April 10, the Second U.S. Circuit Court of Appeals upheld a lower court’s rejection of claims by a number of former Madoff clients who argued “the SEC negligently failed to adequately investigate Bernard Madoff despite numerous warnings.” The … Continue reading →

Posted in Securities Fraud | Tagged , , , , , , | Leave a comment

SEC “Likes” Social Media; Conditionally

Posted on April 5, 2013 by

On April 2, 2013, the SEC issued guidance regarding a company’s use of social media to disclose information or make announcements. The SEC investigated whether Netflix, Inc. and its CEO, Reed Hastings violated Securities laws when Hastings used his personal … Continue reading →

Posted in Regulation FD, SEC Publications, Social Media | Tagged , , , , , , | Leave a comment

Severance Plans and Arrangements

Posted on March 15, 2013 by

With the $56 million Golden Parachute for Heinz CEO, and similar packages for the executives of companies like GE, Exxon, Mobil Corp., AT&T and Home Depot, Inc., being in the news recently, a lot of focus has been on these … Continue reading →

Posted in Corporate Governance | Tagged , , , , , , , , | Leave a comment

FINRA’s Crowdfunding Portal Form

Posted on January 18, 2013 by

Are you anxiously awaiting the Crowdfunding final rules? Are you considering operating as a Crowdfunding Portal? If so, you should consider filling out and submitting this form: InterimFormforFundingPortals(1) To help FINRA develop rules that accurately  reflect the funding portal community, … Continue reading →

Posted in Crowdfunding, Emerging Growth Companies, JOBS Act, Social Media | Tagged , , , , , , | Leave a comment

SEC Conflict Minerals Compliance Flowchart

Posted on December 11, 2012 by

Thank youSquire Sanders for releasing this interactive flowchart on the Conflict Minerals disclosure requirements for publicly traded companies. If your company uses tantalum, tin, gold, or tungsten sourced from the Democratic Republic of the Congo, Angola, Burundi, Central African Republic, … Continue reading →

Posted in Dodd-Frank Act | Tagged , , , , , , | Leave a comment

Mary Schapiro to Leave SEC

Posted on November 27, 2012 by

Today, the SEC issued this release announcing that Chairman Mary Schapiro will be leaving the SEC in December. After 4 years, she is one of the longest serving Chairmen and in the past two years brought a record number of … Continue reading →

Posted in JOBS Act, Reg D 506, Rule 506(c) | Tagged , , , , , , , | Leave a comment

Can I Generally Solicit Investors?

Posted on November 7, 2012 by

Not yet! As you know, on August 29, 2012, the SEC proposed rules to eliminate the ban on general solicitation in certain securities offerings. Since then the SEC has been receiving comments and suggestions on its proposed rules; you can … Continue reading →

Posted in JOBS Act, Reg D 506, Rule 506(c), Securities Offerings | Tagged , , , , , , | Leave a comment

What is a Finder?

Posted on October 9, 2012 by

Its no secret that both private and public companies, large or small have challenges raising much needed capital from investors. Access to equity can be difficult when complying with a maze of state and federal rules and regulations.  Business owners … Continue reading →

Posted in IPO, Reg D 506, Securities Offerings | Tagged , , , , , , , , , , | Leave a comment

Submit your EGC Registration Statement Using EDGAR

Posted on September 26, 2012 by

Starting Monday October 1, 2012, Issuers wishing to submit their draft, confidential emerging growth companies’ (EGC) JOBS Act registration statement will use EDGAR.  This will replace the secure email submission system created earlier this year. The SEC is modifying the … Continue reading →

Posted in Emerging Growth Companies, JOBS Act, SEC Publications | Tagged , , , , , , | Leave a comment