News & Analysis as of

Registration Statement

Fenwick & West LLP

SEC Outlines Disclosure Expectations for Offerings and Registrations of Securities in Crypto Asset Markets

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On April 10, 2025, the SEC’s Division of Corporation Finance (the Division) released a statement providing its views on disclosure requirements for Offerings and Registrations of Securities in the Crypto Asset Markets....more

Goodwin

SEC Disclosure and Proxy Matters Under the Trump Administration

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Public companies are revisiting their disclosures to keep up with recent EOs and SEC developments this proxy season....more

Fenwick & West LLP

SEC Expands Confidential Filing Options

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The Securities and Exchange Commission has expanded the confidential filing options, including...more

Fenwick & West LLP

SEC Expansion of Availability of Confidential Submissions of Registration Statements Could Help Life Sciences Companies Raise...

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In an attempt to facilitate capital raising, the SEC announced that it was expanding the ability of issuers to submit draft registration statements for confidential review by the staff. Historically, this procedure was mostly...more

Hogan Lovells

SEC staff expands availability of nonpublic registration statement review process

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On March 3, the SEC’s Division of Corporation Finance announced that it has expanded the availability of the nonpublic review process for registration statements under which issuers may voluntarily submit draft Securities Act...more

Goodwin

SEC Staff Expands Draft Registration Statement Accommodations

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On March 3, 2025, the staff of the U.S. Securities and Exchange Commission’s (the “SEC”) Division of Corporation Finance (the “SEC staff”) announced that, effective immediately, it is enhancing the accommodations available to...more

WilmerHale

SEC Staff Expands Confidential Review Accommodations for Certain Issuers and Transactions

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On March 3, 2025, the Division of Corporation Finance (the “Division”) of the Securities and Exchange Commission (the “SEC”) issued new guidance, effective immediately, significantly expanding the ability of companies to...more

Bass, Berry & Sims PLC

SEC Expands Accommodations for its Confidential Registration Statement Review Process, Increasing Flexibility for Issuers

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On March 3, the United States Securities and Exchange Commission (SEC) issued guidance expanding its policies related to its confidential Draft Registration Statement (DRS) review process to all registration statements made...more

BCLP

Can You Keep A Secret? SEC Expands Availability of Confidential Submissions of Draft Registration Statements

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The SEC has declared its intent to “return[] to its narrow mission to facilitate capital formation, while protecting investors and maintaining fair, orderly, and efficient markets.” The new accommodations will allow any...more

Paul Hastings LLP

SEC Staff Extends Accommodations to File Confidential Draft Registration Statements: A Small Gift for Certain Issuers Under...

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On March 3, 2025, the Staff of the SEC Division of Corporation Finance expanded the categories of issuer that may submit draft registration statements confidentially for review by the SEC, effective immediately. Confidential...more

Orrick, Herrington & Sutcliffe LLP

SEC Expands Confidential Registration Statement Filing Process

The SEC announced that companies can now submit registration statements for confidential review before public filing in connection with most registered offerings. This expansion builds on the confidential filing process that...more

White & Case LLP

SEC Expands Accommodations for Issuers Submitting Draft Registration Statements

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On March 3, 2025, the staff of the US Securities and Exchange Commission’s Division of Corporation Finance issued an announcement expanding accommodations available for issuers to submit draft registration statements for...more

Latham & Watkins LLP

SEC Staff Expands Confidential Submission Options for Issuers

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The SEC Staff has expanded the ability of issuers to make confidential submission of draft registration statements and clarified the procedures for making confidential submissions. This new policy takes effect immediately....more

Cooley LLP

Corp Fin expands opportunities for nonpublic review of draft registration statements

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Yesterday, the SEC announced that Corp Fin was “further facilitating capital formation by enhancing the accommodations available to companies for nonpublic review of draft registration statements.” You might recall that, in...more

Fenwick & West LLP

Annual Evergreen Increases: Reminders for Your Form S-8

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As we start the new year, many public companies are in the middle of preparing their annual reports on Form 10-K and registration statements on Form S-8. While you may be focused on the new disclosure requirements for the...more

Cooley LLP

Corp Fin announcement regarding acceleration requests—TODAY

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Corp Fin has announced that, presumably in light of the imminent government shutdown, if you want Corp Fin to “consider a request for acceleration of the effective date of a pending registration statement or qualification of...more

Cooley LLP

What I want for Christmas is…another Government shutdown? Not!

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But apparently there’s one looming—serious enough to cause Corp Fin to issue its now-standard shutdown announcement. The shutdown deadline is Friday night, and apparently there’s currently an impasse over farm aid. Corp Fin’s...more

Fenwick & West LLP

REMINDER: Effective July 31, 2024, Large Accelerated Filers Must Submit Filing Fee Data in XBRL

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Effective July 31, 2024, large accelerated filers must submit fee data in Inline XBRL format in registration statements, fee bearing proxies and tenders offers, with all other filers phased in beginning July 31, 2025....more

Vedder Price

SEC Adopts Significant Form and Rule Amendments for the Registration of RILAs and MVAs

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On July 1, 2024, the SEC adopted tailored disclosure requirements and offering processes for non-variable annuity contracts—specifically, for registered index-linked annuities (RILAs) and annuity contracts that offer fixed...more

Fenwick & West LLP

SEC Issues Updated Guidance on Confidential IPO Submissions

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On July 1, 2024, the U.S. Securities and Exchange Commission (SEC) issued updated guidance regarding the voluntary submission of draft registration statements for nonpublic review by the agency....more

Mayer Brown Free Writings + Perspectives

Corp Fin Staff Posts Updated Guidance on Confidential Submissions of Registration Statements

The Staff of the Division of Corporation Finance posted questions and answers regarding the confidential submission process for draft registration statements.  ...more

Cooley LLP

Corp Fin updates FAQs regarding draft registration statements

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The 2012 JOBS Act permitted Emerging Growth Companies to initiate the IPO process by submitting their IPO registration statements confidentially to the SEC for nonpublic review by the SEC staff. The confidential process was...more

Morrison & Foerster LLP

A Comparative Analysis of 2022 and 2023 SEC Comments Issued to REITs

In recent years, the Securities and Exchange Commission (SEC) has increased its scrutiny of disclosure in public filings, as evidenced by an increase in the number of comments issued to public reporting companies. This trend...more

Carlton Fields

Last Lap in SEC RILA Rulemaking: Critical Unresolved Issues

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Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC published its proposed registration statement and related rules. As we...more

Fenwick & West LLP

Tokenized Real-World Assets: Pathways to SEC Registration

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Demand for tokenized real-world assets (RWAs) is rapidly growing across the decentralized finance (DeFi) community, with growing interest among existing crypto-native participants and across the traditional finance industry...more

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