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EB-5 Issuers May Commence General Solicitation for Rule 506 Offerings on September 23, 2013

The final rules for eliminating the prohibition against general solicitation and general advertising in Rule 506 offerings will become effective on September 23, 2013, which is 60 days after the July 24, 2013 date they were published in the Federal Register.  Beginning on September 23, 2013 (but not before), EB-5 issuers that rely on Regulation D, Rule 506 as an exemption for issuance of some or all of their securities may use broad-based marketing methods such as the Internet, social media, email campaigns, television advertising and seminars open to the general public, provided that sales are made only to accredited investors and the issuer takes reasonable steps to verify that all investors are accredited.  The rules prohibiting certain “bad actors” from participating in securities offerings conducted in reliance on Rule 506 also become effective September 23, 2013. For more information on these final rules, please see our prior blog entry here. For more information on the JOBS Act and Rule 506, please see our prior blog entry here. 

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume III, Number 218

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About this Author

John Tishler, capital markets, corporate finance, attorney, Sheppard Mullin, law
Partner

Mr. Tishler is a partner in the Corporate Practice Group in the firm's Del Mar Heights office and is the Co-Chair of the firm's Capital Market/Public Companies team.

Areas of Practice

Mr. Tishler's practice encompasses domestic and international capital markets, corporate finance, corporate governance, business transactions, mergers and acquisitions and technology. He advises established NYSE, NASDAQ and international exchange issuers and smaller high-growth clients on capital structures, equity and...

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