- Filing a Form D in Rule 506(c) offerings before the issuer engages in general solicitation;
- Filing a closing amendment to Form D after the termination of any Rule 506 offering;
- Explication of certain legends and other disclosures in written general solicitation materials used in Rule 506(c) offerings;
- Submission, on a temporary basis, of written general solicitation materials used in Rule 506(c) offerings to the Commission; and
- The disqualification of any issuer relying on Rule 506 for one year for future offerings if the issuer, or any predecessor or affiliate of the issuer, did not comply with Form D filing requirements in a Rule 506 offering within the last five years.
Additionally, the SEC is proposing to amend Rule 156under the Securities Act to apply to sales literature and advertising produced by private funds. As such, private fund managers and compliance personnel should review information contained within this “anti-fraud” rule and evaluate the potential impact on their firm.For further information on this, or other related topics, please contact us at email@example.com or (619) 298-2880.