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Form 10 Registration Statements

A Form 10 Registration Statement is a registration statement used to register a class of securities pursuant to Section 12(g) of the Securities Exchange Act of 1934 (“Exchange Act”). To explain a Form...

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Direct Public Offerings And The Internet

In today’s financial environment, many Issuers are choosing to self underwrite their public offerings, commonly referred to as a Direct Public Offering (DPO). Moreover, as almost all potential...

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Why Rule 419 Companies May Revitalize the Small-Cap Market

Are Rule 419 Companies poised to be the next big thing in the small-cap sector? Recently, the small-cap and reverse merger market has diminished substantially. Operating businesses are wary of...

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Structuring The Private Placement Investment- Development Stage Or Start Up...

The question: As the economy has been gaining strength, so have the number of entrepreneurs seeking private equity investments through pre-packaged structured private placement offerings, and...

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Direct Public Offering or Reverse Merger; Know Your Best Option for Going Public

Introduction For at least the last twelve months, I have received calls daily from companies wanting to go public.  This interest in going public transactions signifies a big change from the few years...

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The SEC Establishes Key Exemption to the Broker-Dealer Registration...

On January 31, 2014, the SEC Division of Trading and Markets issued a no-action letter in favor of entities effecting securities transactions in connection with the sale of equity control of private...

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Guide to Reverse Merger Transaction

What is a reverse merger?  What is the process? A reverse merger is the most common alternative to an initial public offering (IPO) or direct public offering (DPO) for a company seeking to go public....

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SEC Files Dozens of Charges for Violations of the Section 16 and Section 13...

ABA Journal’s 10th Annual Blawg 100 —————————————————————————————————— Introduction On September 10, 2014, the SEC filed 28 separate actions against officers, directors and major shareholders and an...

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Going Public Transactions For Smaller Companies: Direct Public Offering And...

Introduction One of the largest areas of my firms practice involves going public transactions.  I have written extensively on the various going public methods, including IPO/DPOs and reverse mergers....

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Going Public Without An IPO

On April 3, 2018, Spotify made a big board splash by debuting on the NYSE without an IPO. Instead, Spotify filed a resale registration statement registering the securities already held by its existing...

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