The JOBS Act: Emerging Growth Companies and the IPO On-Ramp

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On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (the “Act”), a wide-ranging legislative response to the private sector which repeatedly voiced concerns regarding the existence of substantial burdens on the ability of issuers to engage in capital formation activities. As expected, the Act will have a significant impact upon federal securities laws and is intended, among other things, to provide increased access to debt and equity capital for issuers generally and “Emerging Growth Companies” specifically.

This Alert primarily addresses the Act’s (i) facilitation of initial public offerings (“IPOs”) and relaxation of reporting requirements for Emerging Growth Companies and (ii) impact upon research analysts, investment banks and self- regulatory organizations. For additional information regarding the Act, please refer to The JOBS Act: General Solicitation and Advertising in Certain Private Placements and Exempt Offerings, The JOBS Act: Increase and Division of Section 12(g) Registration Requirement, The JOBS Act: Crowdfunding and The JOBS Act Quick Reference Chart.

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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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