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Documents on Securities, Venture Capital
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|Beware of the Use of Derivatives in the Purchase and Sale of Private Shares|
Daniel I. DeWolf, Louis Froelich; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 11, 2015, previously published on September 10, 2015The SEC is examining the use of derivatives in the secondary market for shares of private companies. The trading of shares of private companies remains robust, and we are writing this alert to remind everyone that whether you are a buyer or a seller, using derivatives for these types of...
|SEC Releases 2015 Examination Priorities|
Thomas M. Devaney, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
February 26, 2015, previously published on January 16, 2015On January 13, 2015, the Office of Compliance Inspections and Examinations (“OCIE”) of the Securities and Exchange Commission (the “SEC”) released its 2015 examination priorities. The SEC identified three thematic issues: (i) matters relating to retail investors and...
|Will the new Crowdfunding Exemption Open the Floodgates for Start-up Financing?|
Lorraine Mastersmith; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
August 1, 2014, previously published on July 25, 2014In March of this year, the Ontario Securities Commission published a proposed new exemption from the prospectus filing requirement to permit equity-based Crowdfunding in Ontario. The proposed exemption was open for comment until June 18. There has been a fair amount of “buzz” about...
|Streamlined Venture Issuer Disclosure?|
Tiffany Lee Bianchi, Michael A. Gerrior, Robert P. Kinghan, David Lowdon, Lorraine Mastersmith; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
July 15, 2014, previously published on July 2, 2014The CSA recently published a notice and request for comment regarding proposed amendments to the continuous disclosure obligations and audit committees of venture issuers the “Venture Issuer Amendments”). This is a follow on initiative to the CSA’s previous more comprehensive...
|SEC Issues Interpretive Guidance on the Venture Capital Fund Adviser Exemption|
Proskauer Rose LLP;
December 11, 2013, previously published on December 10, 2013On December 2, 2013, the SEC's Division of Investment Management issued a new "Guidance Update" that provides some important interpretive guidance on the exemption from registration under the Investment Advisers act of 1940 (the "Advisers Act") for certain venture capital fund...
|Status of Claims against UBS and other Brokerage Houses for Investments in Closed En Funds|
Luis E. Minana Associates Abogados-Notarios;
December 5, 2013, previously published on December 3, 2013We have seen that the losses caused by the unsuitable recommendations, the lack of orientation and the concentration in CEFs and PR paper, has not only resulted in monetary damages, but also in psychological ones.
|Proposed New Prospectus Exemption for Distributions to Existing Security Holders of TSX-V Issuers|
Dentons Canada LLP;
November 29, 2013, previously published on November 27, 2013On November 21, 2013, the securities regulatory authorities in all Canadian jurisdictions, with the exception of Ontario and Newfoundland and Labrador (the “Participating Jurisdictions”), published for comment Multilateral CSA Notice 45-312 (the “Notice”). The Notice sets...
|Raising Capital Through Crowdfunding: The Myth and the Reality|
David L. Hefflinger; McGrath North Mullin & Kratz, PC LLO;
November 20, 2013, previously published on November 2013Crowdfunding. Crowdfunding is a financing method used primarily by startups and small businesses to raise small amounts of capital from a large number of people over the internet. Crowdfunding websites currently avoid the securities laws since they do not sell stock or other securities. For...
|SEC Proposes Rules Implementing The CROWDFUND Act|
Taft Stettinius Hollister LLP;
November 4, 2013, previously published on October 29, 2013On Oct. 24, 2013, the United States Securities and Exchange Commission (the “SEC”) released proposed rules (the “Proposed Rules”) for crowdfunding transactions, as required by Title III of the JOBS Act, the CROWDFUND Act. Under the Proposed Rules, which do not meaningfully...
|TSX Venture Exchange Implements Amendments to Incentive Stock Option Policy|
Sherri Altshuler, Melanie Cole; Aird & Berlis LLP;
May 15, 2013On May 8, 2013, the TSX Venture Exchange (the “TSXV”) implemented amendments to Policy 4.4 - Incentive Stock Options (“Policy 4.4”) which are effective immediately. Most of the amendments clarify and provide guidance on existing requirements and procedures. However, certain...