Small Cap Series

​Regulation A+

July 01, 2014

The SEC has recently disseminated a proposed rule, which would create a new category of exemption from securities regulation, which has been dubbed “Reg. A+”(although this is not its official name). Reg. A+, as proposed, is an extension of current Regulation A, which is an exemption from the registration requirements mandated by the Securities Act of 1933 (the “Securities Act”), applicable to small public offerings of securities that do not exceed $5 million in any 12-month period.

Small Cap Series

SEC Proposes New Rules Regarding General Solicitation and Advertising

September 21, 2012

Last week the SEC staff offered proposed amendments to Rule 506 of Regulation D that would create new rules regarding the permitted use of general solicitation and advertising in certain private securities offerings . The proposed changes, which were mandated by the JOBS Act that was enacted in April, would allow for the use of general solicitation and advertising in offerings made pursuant to Rule 506, provided that all purchasers of securities are accredited investors as defined in Rule 501(a).

China Series

Small Capital Public Company Updates

July 17, 2012

The past year has seen a number of developments in the U.S. markets that will affect small-cap companies and their ability to access the capital markets. Depending upon your perspective, these developments can be viewed as either positive or negative. The most substantive of these changes are the JOBS Act (Jumpstart Our Business Startups Act ) and the seasoning rules that relate to the ability of companies that have become public through reverse mergers with public shells to up-list their securities to a listed exchange such as NYSE-Amex or a national market such as NASDAQ.

Small Cap Series

Jobs Act - Article 2 Small-Cap Public Company Alert

April 18, 2012

Last week, we published an article discussing the Jumpstart Our Business Startups Act of 2012 (the “JOBS Act”), which was signed into law by President Obama on April 5, 2012. The JOBS Act, which was written with the intent of encouraging job creation and economic growth by improving access to the public markets for a new category of issuers known as Emerging Growth Companies (“EGCs”), makes significant changes to the rules governing capital raising for such EGCs.

Small Cap Series

Jumpstart Our Business Startups Act of 2012

April 11, 2012

Written with the intent to encourage funding of small businesses during the initial public offering process, the Jumpstart our Business Startups Act (the “JOBS Act”), as signed by President Obama on April 5, 2012, reduces the regulatory burden on small companies seeking to raise capital in the U.S. through revisions to the Securities Act of 1933 (the “Securities Act”) and the Securities Exchange Act of 1934 (the “Exchange Act”).

Small Cap Series

Emerging Trends In Securities Regulation Small-Cap Public Company Alert

March 23, 2012

The last year has seen important changes in securities regulation. The most notable of which was the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”), which expanded the powers and authority of the U.S. Securities and Exchange Commission’s (“SEC”) Enforcement Division.