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Financial Statement Requirements in US Securities Offerings: What You Need to Know - 2021 Edition

The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward. This User’s...more

SEC Expands the Definitions of AI and QIB

The changes would allow more individuals and institutions to invest in private offerings of unregistered securities. On August 26, 2020, the US Securities and Exchange Commission (SEC) expanded the definitions of...more

Washington Insider Briefing: Critical Insight on Proposed US Law Affecting Non-US Companies

Latham’s SEC Team answers seven key questions about pending legislation that could force delisting of foreign companies. Key Points : ..Latham’s “We’ve Got Washington Covered” SEC Team provides knowledgeable viewpoints...more

FAQs: SEC Filing Deadline Relief for COVID-19

SEC Filing Deadline Relief for COVID-19 - The May 5 Update includes Questions 14-17, which relate to FAQs released by the SEC Division of Corporation Finance on May 5 (Corp Fin FAQs). In addition, the SEC announced...more

FAQs: SEC Filing Deadline Relief for COVID-19

On March 25, 2020, the Securities and Exchange Commission (SEC) issued an order (the March 25 Order) that extended its prior order granting relief from SEC key filing deadlines. The March 25 Order now covers filings due on...more

Directors, Take Note: ESG Can Drive Value in 2020

The message that environmental, social, and governance issues can drive stockholder value resonates ever more clearly today. In 2017, Latham lawyers discussed how directors can use environmental, social, and governance...more

Financial Statement Requirements in US Securities Offerings: What Non-US Issuers Need to Know - 2019 Edition

The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward. This User’s...more

Financial Statement Requirements in US Securities Offerings: What You Need to Know - 2019 Edition

The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward. This User’s...more

The Secrets of Form 6-K: Getting Behind the Curtain with the FPI Wizard

Our world-renowned expert on FPIs provides an exclusive look at Form 6-K reports. Key Points: ..The simplicity of Form 6-K belies numerous interpretive questions that FPIs address on an ongoing basis. ..In practice,...more

From Ducklings to Swans: More Companies Will Qualify as a “Smaller Reporting Company”

SEC rule amendments expand the scope of scaled disclosure accommodations, which may offer disclosure relief to additional small cap and pre- and low-revenue issuers. Key Points: ..The SEC has provided disclosure relief...more

Guide to Financial Statement Requirements in US Securities Offerings by Non-US Issuers 2018

The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward. This User’s...more

Guide to Financial Statement Requirements in US Securities Offerings by US Issuers 2018

The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward. This User’s...more

3 Steps FPI Directors Can Take to Oversee Related-Party Transactions

Developing a process for foreign private issuers to pursue frequently beneficial business opportunities. Investors and regulators in the current corporate governance environment have increased their focus on companies’...more

Hail, Hail Freedonia: Frequently Asked Questions About SEC Registration on Schedule B by Foreign Governments

Non-US sovereigns can take advantage of a streamlined registration process to obtain financing in the US capital markets. Key Points: ..SEC registration offers certain advantages that non-US sovereign issuers...more

Boardroom Perspectives: How Directors Can Use Sustainability to Drive Value

Boards frequently encounter sustainability and other environmental, social and governance (ESG) issues in the oversight of a company’s operations, management, financial reporting and public disclosure. Investors increasingly...more

When Acronyms Collide: 20 FAQs for FPIs as IFRS Meets XBRL

The SEC will require IFRS filers to use XBRL starting in 2018. Key Points - FPIs using IFRS are subject to XBRL starting in 2018: ..XBRL filing is voluntary in 2017, and will be required for filings beginning...more

US Tax Reform: Strategies for Executing Transactions in the Face of Uncertainty

Tax reform plans would fundamentally alter the landscape for key business decisions, impacting a business’ legal, finance, corporate development and other divisions, as well as tax groups. Key Points: ..Tax reform...more

XBRL for Foreign Private Issuers: Coming Next Year

The SEC will require foreign private issuers that report in IFRS to submit XBRL financial statements for annual reports filed during 2018. On March 1, 2017, the Securities and Exchange Commission (SEC) published a...more

Defining Foreign Private Issuers: Are You a Wizard or a Muggle?

Companies defined as “foreign private issuers” enjoy a number of important advantages under special SEC rules and accommodations. Key Points: ..A company must pass one of two tests to qualify as an FPI....more

Financial Statement Requirements in US Securities Offerings: What You Need to Know

The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward. This User’s...more

Financial Statement Requirements in US Securities Offerings: What Non-US Issuers Need to Know

The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward. This User’s...more

Key Metrics: Thoughts for Directors

Boards and management regularly use key performance indicators or metrics to oversee their businesses. These metrics typically cover financial and operating matters and are specific to each company and within industries....more

Recommended Proxy Disclosure for Director Elections and Other Proposals

Tips and forms you can use for drafting your proxy statement to increase clarity and avoid pitfalls. In February 2016, the SEC warned that among a broad selection of companies, poorly-drafted, ambiguous and sometimes...more

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