Blog - Corporate Finance & Securities


SEC Adopts Amendments That Ease Limits and Rules on Private Offering Exemptions Nov 10, 2020

The Securities and Exchange Commission (“SEC”) adopted amendments proposed in March 2020 in order to simplify, harmonize and modernize the private offering framework in an effort to promote capital formation while preserving investor protections. The amendments generally: establish more clearly the ability of issuers to move from one exemption to another; increase...

SEC Proposes Rules to Relax Exempt Offerings and Integration of Offerings Rules Mar 24, 2020

On March 4, 2020, the SEC proposed a series of amendments to Securities Act of 1933, as amended. The proposed amendments include amendments to Regulation A+, Regulation Crowdfunding, Regulation S and Regulation D Rules 506(b), 506(c), and 504 and include several non-exclusive safe harbors from integration that would increase the...

The SEC Proposes to Expand the Definition of Accredited Investor to Allow More Access to Private Offerings Dec 20, 2019

The Securities and Exchange Commission (“SEC”) recently proposed amendments to the definition of “accredited investor” and the definition of “qualified institutional buyer” in order to expand the list of people and institutions currently capable of investing in the private capital markets, which includes fast-growing startups, private equity funds, hedge funds...

New York Proposes AML Certification by Chief Compliance Officers Creating Potential Personal Criminal Liability Mar 28, 2016

The New York State Department of Financial Services (“NYSDFS”) has proposed a new rule in their anti-terrorism and anti-money laundering regulation that would subject chief compliance officers of New York financial firms to potential personal criminal liability. NYDFS over the last four years has conducted investigations into financial institution compliance of...

Two Former Rabobank Traders Convicted and Sentenced to Prison in U.S. Over Libor Rigging Mar 14, 2016

Two former traders at Rabobank Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., a Netherlands based bank (“Rabobank”), were sentenced to prison on March 10, 2016 by U.S. District Judge Jed S. Rakoff of the Southern District of New York, for the manipulation of the London Interbank Offered Rates (“LIBOR”) for the U.S. Dollar...

SEC Awards Company Outsider Whistleblower More Than $700,000 Jan 15, 2016

The Securities and Exchange Commission (“SEC”) awarded a company outsider more than $700,000 for providing information in a detailed analysis that led to a successful SEC enforcement action. The SEC did not identify the whistleblower or the company that is subject to the enforcement action due to confidentiality protections afforded to...

U.S. FILINGS DUE JUNE 30, 2015 BY FOREIGN OWNERS OF U.S. BUSINESS AND U.S. OWNERS OF FOREIGN BUSINESS Jun 24, 2015

The U.S. Bureau of Economic Analysis (BEA), an agency of the U.S. Department of Commerce, has announced updated filing requirements relating to Form BE-10 (Benchmark Survey of U.S. Direct Investment Abroad) and Form BE-13 (Survey of New Foreign Direct Investment in the United States). Form BE-10 The Benchmark Survey of U.S. Direct...

SEC's Reg A+ Takes Effect: Not All States Agree Jun 23, 2015

The Securities and Exchange Commission (“SEC”) adopted rule amendments to Regulation A under the Securities Act of 1933 (the “Securities Act”) on March 25, 2015. The final rules and form amendments became effective on June 19, 2015.   These new capital raising rules, authorized by the Jumpstart Our Business Startups Act...

SEC Committee Approve Recommendation to Permit Employees of Private Companies and Small Public Companies to More Easily Monetize their Holdings - Codification of Unofficial Rule 4(a) (1 1/2) Jun 4, 2015

The Security and Exchange Commission’s (the “SEC”) Advisory Committee on Small and Emerging Companies (the “Committee”) stated in a draft statement recommending the action that "making equity compensation more attractive to prospective employees will facilitate job creation and startup growth." The Committee unanimously approved on Wednesday, June 3, 2015 a recommendation...

NEWS FLASH: SEC Adopts Rules to Facilitate “IPO LIGHT”-Smaller Companies’ Access to up to $50 Million of Capital Mar 26, 2015

03/26/15 - Yesterday, the U.S. Securities and Exchange Commission adopted final rules to facilitate smaller companies’ access to capital. The exemption would be limited to companies organized in and with their principal place of business in the United States or Canada.   The final rule provides two tiers of capital raising thresholds:  Tier...