Final Rules Lifting General Solicitation Ban Go Into Effect September 23

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As explained in a prior post, the SEC has approved the amendments to Rule 506 of Regulation D and Securities Act Rule 144A, allowing for general solicitation in private offerings conducted thereunder. The final rules were published in the Federal Register on July 24 and will go into effect in 60 days, which is September 23, 2013. Although issuers will be able to conduct offerings under the new rules on and after September 23, they should proceed with caution as industry standards and best practices develop. It is also important to keep in mind that the SEC has taken a bifurcated approach to Rule 506, allowing offerings to be conducted with general solicitation if the requirements of New Rule 506(c) are met or without general solicitation under Old Rule 506(b).

 

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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