Using the Reg. S Exemption for Foreign Investors

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Using Reg. S is useful when the issuer does not want to be limited by the restrictions of Rule 506. With a Rule 506 offering all investors must be either accredited or sophisticated, and there is a limit of 35 non-accredited investors. Offerings made pursuant to Reg. S do not have to meet either of those requirements. In short, there are no investor requirements and no limit on the number of investors.

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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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