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

Latham & Watkins LLP
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In This Report:

- Introduction

- The Basics

- Background to Financial Statement Requirements

- What Financial Statements Must Be Included in Public Offerings?

- When Does Financial Information Go “Stale”?

- Staleness of Financial Statements

- When Do Financial Statements Go Stale in 2015?

- MD&A

- Additional Financial Information for Certain Specific Situations

- Recent and Probable Acquisitions

- Financial Statements Required in Connection with Acquisitions

- Pro Forma Financial Information

- Discontinued Operations and Other GAAP Retrospective Revisions

- Guarantor Financial Statements

- Secured Offerings

- Investments Accounted for Under the Equity Method

- Segment Reporting

- Supplemental Schedules for Certain Transactions

- Industry Guides

- Quantitative and Qualitative Disclosure About Market Risk

- Some Related Issues

- Additional Financial Information That Is Typically Included

- Non-GAAP Financial Measures

- Form 8-K Filing Requirements in Connection With Significant Acquisitions or Dispositions

- Internal Control Over Financial Reporting

- Interactive Data

- Special Considerations in Rule 144A Transactions and for Foreign Private Issuers

- Rule 144A Transactions

- Special Rules Applicable to Foreign Private Issuers and Acquired Foreign Businesses

- Conclusion

- Endnotes

- Excerpt from Introduction: 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.

Please see full publication below for more information.

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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. Attorney Advertising.

© Latham & Watkins LLP

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