Securities Blog

Alexis King A rescission offer takes place when an issuer offers to repurchase an investor’s securities and refund his purchase price plus interest. Most states provide that an issuer can offer those who invested in transactions that violate securities laws a chance to pre-emptively buy back their securities at the original purchase price plus interest.…

Under the securities definition stock is included as a security “unless the context otherwise requires” [Securities Act §2(a)(10)]. However not all instruments that are labeled “stock” are securities. The Supreme Court ruled that the definition of a security must indicated “economic reality.” In the 1980s the courts believed that when the majority of a stock…

On December 21, the SEC instituted its first enforcement actions against robo-advisers when they issued orders against Redwood City, a California-based Wealthfront Advisers LLC and Hedgeable Inc., a New York City-based robo-adviser. Robo-advisers provide software-based, automated portfolio management services. The enforcement actions took place because the advisers published misleading advertising and made false statements about…

OPPORTUNITY FUNDS: A HUGE BENEFIT TO ALL AMERICANS There is an estimated $6.1 trillion of paper profits currently held by investors on American balance sheets. Those gains are not yet taxed, and 8,700 areas in the United States, ranging from rusty industrial towns to dusty rural hamlets, are in desperate need of revitalizing investments. The…

Drafted by Commissioner Huston Thompson of the Federal Trade Commission (FTC), this was the first securities bill presented to Congress. It proposed “merit regulation” of the securities being submitted for public purchase. “Merit Regulation” called to bring in the government to determine the reliability of the securities that were being sold. Of the many bills…

The Securities and Exchange Commission suspended trading in the securities of Nevada-basedAmerican Retail Group, Inc. (aka Simex, Inc.) after they claimed to be partnered with an SEC qualified custodian for use with cryptocurrency transactions in two August 2018 press releases. The releases reported that the cryptocurrency transactions would be “under SEC Regulations,” and that Simex,…

Regulation A+ Offers Reporting Companies an Attractive Way to Raise Capital By Christopher A. Wilson Until January 31, 2019, Regulation A+ (“Reg. A”) was not available to reporting companies under the Securities and Exchange Act of 1932. However, in 2018 Congress mandated that the Securities and Exchange Commission (“SEC”) make reporting companies eligible to use…

If you are thinking of starting a business, you probably have some good ideas about how you can offer a better service or product than is currently available on the market. Those ideas are most likely centered around a more efficient way of doing things, or more user-friendly software that addresses a common need, or…

Will Your Company’s Initial Public Offering be Successful? When the time comes to take your private company, public, through an Initial Public Offering (IPO), what steps can you take to make it as successful as possible? Your company is your prized possession that you have built over a long period of time, and you don’t…

Initial Public Offerings are on the Rise On July 5, 2018, Marketwatch reported that the 2018 second quarter filings for Initial Public Offerings (IPO) was the busiest quarter since 2015, and the trend looks like it will continue. Ernst & Young also reported that the first quarter of 2018, globally, was at a high level,…