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The Securities Edge Securities Blog for Middle-Market Companies

Tag Archives: private equity

FATCA: What it is, and why it may apply to your business

Posted in Financial Institutions

The Foreign Account Tax Compliance Act (“FATCA”) is a US law designed to counter offshore tax avoidance by US persons. Controversial because of its wide-ranging breadth and application to non-US financial institutions, in the most general sense, FATCA imposes a 30% withholding tax on payments of US source income made to foreign financial institutions (“FFIs”)… Continue Reading

Acquirers beware! New expedited acquisition method could violate the Exchange Act

Posted in Mergers and Acquisitions

When the private equity firm 3G Capital took Burger King private in 2010, it used an innovative “dual-track” acquisition structure to minimize the amount of time to consummate the acquisition. This involved 3G simultaneously pursuing both a friendly tender offer to Burger King shareholders as well as a traditional merger that would need to be… Continue Reading

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