Posted In:
Business Transactions & Corporate Counseling
Industry:
Financial Institutions
Business Blog: Important Steps in Raising Capital: Complying with Federal and State Securities Laws
By Molly Z. Brown on February 8, 2023
In the United States, both the Securities Exchange Commission (SEC) and the various states' securities commissions regulate securities. Proper securities compliance when a private issuer is engaging in sales of securities requires exemption from registration under federal and applicable state(s) laws or registering securities. This article focuses on exemption compliance....
Posted In:
Business Transactions & Corporate Counseling
Industry:
Financial Institutions
Business Blog: Revisiting Capital Structure and its Importance - Private Capital Raising Options
By Molly Z. Brown on October 19, 2022
In the current economic environment, cash and the availability of liquidity have become king. These economic circumstances are causing many businesses to reevaluate their capital structure, even those with strong balance sheets. Private businesses exploring capital raising options have two primary decisions to make: (1) which type of security to offer, and (2) which method to use in order to comply with securities laws....
Posted In:
Business Transactions & Corporate Counseling
Industry:
Financial Institutions
Business Blog Featuring Cascade Partners: Liquidity Events Dialogue - Part 2
By Molly Z. Brown on March 24, 2022
In our last dialogue, we discussed options for liquidity events. For this edition, we move towards planning for liquidity events and implementing strategies for ensuring marketability....
Posted In: Business Transactions & Corporate Counseling
Business Blog Featuring Cascade Partners: Liquidity Events Dialogue - Part 1
By Molly Z. Brown & Arjun Murthy, Cascade Partners on January 12, 2022
In this Business Blog mini-series, we will explore liquidity event options outside of an outright sale of the company. Over the last several years, legal changes have facilitated a robust growth in the private capital market as investors shifted more capital towards private companies causing private placement offerings for debt, equity, and hybrid securities to be more common. This trend has followed the enactment by the U.S. Congress of the Jumpstart Our Business Startups (JOBS) Act In 2012. The JOBS Act eased the shareholder requirement for registration as an SEC periodic reporter by increasing it from 500 to 2000 shareholders and implemented exemptions from registration for securities offerings to facilitate capital raising by small businesses....
Posted In: Business Transactions & Corporate Counseling
Business Blog: Securities Law Implications for M&A - Private Companies
By Molly Z. Brown on November 18, 2021
Capital markets for private companies continue to present diverse opportunities for financing growth or recapitalizations. Often times we see clients pursuing a liquidity event through a merger or acquisition transaction. When designing deal structures, it is important to keep in mind relevant securities law concepts....
