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The Securities Edge Securities Blog for Middle-Market Companies

Monthly Archives: April 2011

Financing Early Stage Companies–Dealing With the “New Normal”

Posted in Capital Raising, Technology Company Issues

We have recently experienced some of the worst financial and economic conditions that we (hopefully) will see in our lifetimes. Most of us have been touched personally by these conditions. It appears that economic and financial conditions will continue to get better, but these situations have created some ongoing challenges that will continue to face… Continue Reading

SEC to Consider Possible Exemption for Micro-Finance Offerings

Posted in Capital Raising

In a response letter to Representative Darrell Issa (R-CA) dated April 6, 2011, Mary Shapiro, the Chairman of the Securities and Exchange Commission (“SEC”), indicated that the SEC would be reviewing the feasibility of, among other things, a new exemption from registration for micro-financing or “crowdfunding.” Crowdfunding generally refers to the pooling of small contributions… Continue Reading

NASDAQ Proposes Rule Change to Initial Listing Standards

Posted in IPOs

NASDAQ recently filed a proposed rule change with the SEC. Upon taking effect, the rule will change the way total assets and shareholders’ equity are calculated for listing purposes on the NASDAQ Global Select Market. To conform with NYSE’s treatment under their comparable standard, NASDAQ proposes to delete the requirement that total assets be demonstrated… Continue Reading

SEC Adopts New Rules Concerning Use of Compensation Consultants and Conflicts of Interest

Posted in Compensation

 Last week, the SEC proposed new rules required by Section 952 of Dodd-Frank Act.  Under the proposal, compensation committees may engage a compensation consultant or other advisor, including legal counsel, only after taking into consideration the following factors, and any other factors determined by the national securities exchanges: 1) provision of other services to the… Continue Reading

Effect of Shutdown of United States Government on Securities and Exchange Commission

Posted in Announcements

Assuming that Congress and the President cannot agree on either a continuing resolution to fund the operations of the United States’ government or a budget prior to midnight, the SEC will immediately suspend most of its operations.  According to the SEC’s contingency plan, of its 3,969 employees only 332 will report to work during the… Continue Reading

FINRA Proposes New Regulation on Nonpublic Offerings

Posted in Capital Raising

Recently, the Financial Industry Regulatory Authority, Inc. (“FINRA”) issued a proposed amendment to Rule 5122 to further regulate nonpublic offerings. The proposed amendment would cause significant changes in the nonpublic offering process including the following: Disclosure Requirements – All offerings must have an offering document. The offering document would be required to disclose (i) the… Continue Reading

National Securities Exchanges to Adopt New Listing Standards to Ensure Independence of Compensation Committees

Posted in Compensation

Last Wednesday, the SEC proposed new rules required by Section 952 of Dodd-Frank Act.  Under the proposal, each national securities exchange will be required to adopt new listing standards to prohibit the listing of any issuer that is not in compliance with the exchange’s independence requirements for compensation committees.  While compensation committees will need to… Continue Reading