Eliminating General Solicitation and Advertising Prohibitions under Rule 506 and Rule 144A

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On August 29, the SEC proposed a rule to implement Section 201(a) of the JOBS Act that would amend Rule 506 of Regulation D and Rule 144A under the Securities Act of 1933. The proposed amendment to Rule 506 would eliminate the prohibition against general solicitation and general advertising in Rule 506 offerings if all purchasers are accredited investors. The proposed amendment to Rule 144A would allow offerings to non-qualified institutional buyers so long as the seller reasonably believes that all purchasers are qualified institutional buyers. Comments should be received within 30 days after publication in the Federal Register. SEC Release. SEC Proposed Rule.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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