News & Analysis as of

Waivers Regulation D

BCLP

SEC Division of Enforcement No Longer Recommending Settlement Offers Contingent on Waivers

BCLP on

In a Statement released on February 11, 2021, Acting SEC Chair Allison Herren Lee announced that, in a return to the longstanding practice of the SEC Division of Enforcement (the “Division”), the Division will no longer...more

Carlton Fields

SEC Waivers with Strings Attached: the Wave of the Future?

Carlton Fields on

The SEC recently attached potentially precedent-setting conditions to a waiver from certain automatic disqualifications under the federal securities laws. Without such waivers, defendants that settle securities law...more

Carlton Fields

Can “Bad Actors” Wave Goodbye to SEC Waivers?

Carlton Fields on

The SEC has been thinking harder before waiving automatic disqualifications that the federal securities laws and regulations impose on so-called "bad actors." Without such waivers, companies may be barred from, among...more

Orrick - Finance 20/20

SEC Issues Guidance Regarding Standards Applicable to Waivers of Disqualification under Regulation A and Rules 505 and 506 of...

Orrick - Finance 20/20 on

The disqualification provisions of Rules 262 and 505 under the Securities Act make the exemptions from registration under Regulation A and Rule 505 of Regulation D unavailable for an offering if, among other things, an...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

European Commission Unveils Tax Transparency Package - The European Commission has laid out its plans in a new Tax Transparency Package to clamp down on tax deals made between EU governments and multi-national...more

Dorsey & Whitney LLP

The Disqualification Provisions and the SEC’s Use of Wavers

Dorsey & Whitney LLP on

One key debate regarding current SEC enforcement policy centers on the application of the so-called “bad actor” provisions. Previously the Commissioners split over the nature, use and application of those provisions. ...more

Stinson - Corporate & Securities Law Blog

Bad Actor Waivers and Conditions – The Controversy Continues

In a prior blog we discussed a Regulation D bad actor waiver granted to Oppenheimer & Co. that imposed conditions on the receipt of the waiver. The waiver provided “Oppenheimer will comply with the conditions stated in its...more

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