Morrison & Foerster LLP - JOBS Act

House Financial Services Committee Reports on JOBS Act Related Bills

A flurry of activity was seen last week on the House floor as the Financial Services Committee reported on various bills, many of which JOBS Act related. These bills propose to change registration and reporting requirements for…more
| Elections & Politics, Finance & Banking, Securities Law

Treatment of “Finders” and Disclosure Effectiveness Discussed at SEC Advisory Committee Meeting

During their July 15 open telephone meeting, the SEC’s Advisory Committee on Small and Emerging Companies continued discussion on the regulatory treatment of “finders” and disclosure effectiveness relating to small businesses…more
| Business Organizations, Finance & Banking, Securities Law

2015 BDO IPO Halftime Report — Survey finds decrease in IPO activity and increased positive sentiment towards JOBS Act

Last week, BDO USA released its 2015 IPO Halftime Report which surveyed capital markets executives from various investment banks on IPO activity and trends for 2015. The report found that the number of U.S. IPOs and aggregate…more
| Business Organizations, Finance & Banking, Securities Law

It’s Not Crowdfunding!

Since the Regulation A+ effective date last month, a number of websites have emerged that promote “Regulation A+ crowdfunding” contributing even further to the confusion in the market regarding “crowdfunding.” Colloquially…more
| Business Organizations, Finance & Banking, Securities Law

Non-U.S. Company IPOs Maintain Presence in U.S. Market

According to a recent report by Wolters Kluwer, non-U.S. companies completing IPOs in the United States account for 21% of all U.S. IPOs in 2015, to date. These non-U.S. companies have completed 23 IPOs and raised an aggregate…more
| Business Organizations, International Law & Trade, Securities Law

Discussion Topics for July 15 SEC Advisory Committee Meeting

The SEC Advisory Committee on Small and Emerging Companies plans to continue discussions from its June 3 meeting regarding public company disclosure effectiveness and the regulatory treatment of “finders” at its July 15, 2015…more
| Business Organizations, Securities Law

NVCA reports VC-Backed IPO Activity Increase in Q2

A press release by the National Venture Capital Association (NVCA) and Thomson Reuters reports a significant jump in the number of VC-backed IPOs during the second quarter of 2015. The release notes a 59 percent increase by…more
| Finance & Banking, Science, Computers, & Technology, Securities Law

SEC Guidance on Regulation A+

Section 182. Rules 251 to 263: Question 182.01 - Question: Where an issuer elects to non-publicly submit a draft offering statement for staff review pursuant to Rule 252(d) of Regulation A before publicly filing…more
| Administrative Law, Commercial Law & Contracts, Securities Law

SEC Denies Motion to Stay Regulation A+

On June 5, 2015, Monica J. Lindeen, Montana State Auditor, ex officio Commissioner of Securities and Insurance, filed a motion with the SEC for a stay of the Regulation A+ rules, which are scheduled to become effective this…more
| Business Organizations, Finance & Banking, Securities Law

The Guide to Social Media and the Securities Laws

The growing use of social media has created challenges for federal securities regulators, who must enforce antifraud rules that were written at a time when the prevailing technology was the newspaper. This Guide summarizes…more
| Business Organizations, Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

Kauffman Foundation Study on Funding for Start-Ups

In a recent edition of its Entrepreneurship Policy Digest, the Kauffman Foundation provides interesting data on the types of funding relied upon by emerging companies. The report notes that approximately 40% of startup capital…more
| Business Organizations, Finance & Banking, Securities Law

The Section “4(a)(1-1/2)” Exemption

At last week’s SEC Advisory Committee on Small and Emerging Companies meeting, the Committee recommended that the SEC formalize the exemption in order to promote capital formation. Currently, there also is a pending bill, the…more
| Business Organizations, Finance & Banking, Securities Law

OTC Markets Adopts Rule Changes

The OTC Markets has adopted rule changes for OTCQX and OTCQB to accommodate for Reg A + and require quarterly disclosure for the OTCQX marketplace…more
| Securities Law

FINRA Research Rule Guidance: The New Stages of Grief

Many market participants were left in a quandary following FINRA enforcement actions in connection with member firm research analyst “participation” in meetings with prospective issuers. Recently, FINRA published a handful of…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

SEC Advisory Committee Agenda Published

The SEC announced that the next meeting held on June 3rd of its Advisory Committee on Small and Emerging Companies will focus on public company disclosure effectiveness, intrastate crowdfunding, venture exchanges, and treatment…more
| Business Organizations, Securities Law
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