If you or your company -- whether public or private -- anticipate relying on private markets for capital raising, you will want to keep abreast of recently proposed rulemaking by the Securities and Exchange Commission that is designed to facilitate capital raising in private offerings.
Specifically, the SEC recently proposed rules to amend Rule 506 of Regulation D and Rule 144A, as required by the Jumpstart Our Business Startups Act (the "JOBS Act") enacted earlier this year. The proposed amendments would permit general solicitation and advertising in unregistered offerings made pursuant to Rule 506 of Regulation D, provided all purchasers are accredited investors, and resales of securities pursuant to Rule 144A so long as purchasers are qualified institutional buyers ("QIBs"). The comment period for the new proposed rules expires October 5, 2012, with final (albeit potentially modified) SEC rules certain to follow, as required by the JOBS Act.
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