Will Regulation A Take Off? Expansion Makes Exchange Act Reporting Companies Eligible

Reprinted with permission from The Legal Intelligencer, January 2019

At the time of adoption, Regulation A was not available to companies subject to the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended (the Exchange Act).

However, as mandated by the Economic Growth, Regulatory Relief, and Consumer Protection Act, which was signed into law on May 24, 2018, new amendments, adopted by the SEC on Dec. 19, 2018, and effective immediately upon publication in the Federal Register, permit reporting companies to rely on the Regulation A exemption for offers and sales of securities. Importantly, the amendments also provide that compliance with the Exchange Act reporting requirements will be deemed to have met the reporting requirements of Regulation A. Read More.

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