SEC Again Delays Action on Advertising Rules

August 22, 2012 § 1 Comment

The SEC announced that its open meeting to announce rules governing advertising of offerings under Rule 506, originally scheduled for August 22, has been delayed until August 29. This follows news from the SEC that it will be releasing only proposed rules for public comment at the meeting. Some had hoped the SEC would announce interim or temporary rules to go into effect immediately. Instead, any proposed rules announced by the SEC will be subject to usual public comment and review, typically between 30 and 60 days.   « Read the rest of this entry »

JOBS Act Repeal of Advertising Restrictions Further Delayed

August 20, 2012 § 3 Comments

UPDATE: SEC Again Delays Action on Advertising Rules

The SEC was expected to issue interim or temporary rules at its open meeting on August 22  that would have permitted private fund managers and others to begin advertising in connection with Rule 506 offerings of their securities. A recent statement, however, has announced that the SEC will instead only propose rules for public comment following the SEC’s typical rulemaking process. The SEC has already missed the original July 4 deadline imposed by the JOBS Act.

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California Private Adviser Exemption Expected to Be Effective Soon

August 15, 2012 § Leave a comment

The final version of California’s private fund adviser exemption–creating a new class of “exempt reporting advisers”–has been submitted for adoption and publication. Further state action is required within 30 days of submission. « Read the rest of this entry »

California Files Final Amendments to Private Fund Adviser Exemption

August 7, 2012 § 3 Comments

The California Department of Corporations has submitted its final amendments for rules creating a new exemptive framework for advisers to private funds. Once effective, the revised rule would permit advisers to private funds to file as “exempt reporting advisers” (ERAs) rather than undergoing full investment adviser registration. The rule is subject to review by the California Office of Administrative Law which generally has thirty business days to act. That review period will expire in late August 2012. « Read the rest of this entry »

SEC Commissioners to Consider Fund Advertising Rules

July 6, 2012 § 3 Comments

Although the proposed rules have yet to be released, the SEC has announced that they will be considering rules to repeal the ban on general solicitation and advertising at an August 22 open meeting. The SEC is expected to release its proposed rules sometime prior to the August meeting. « Read the rest of this entry »

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