I first started going on about Regulation S and online offerings back in 2012, when I noticed that US companies were doing offerings theoretically “outside” the United States without paying any attention to the requirements of US securities law. Then CrowdCheck started working on EB-5 offerings, and we were absolutely appalled at the ignorance of securities law in general and the extraterritorial application of securities law in particular. And it’s still going on. We’ve seen a couple of deals recently where securities are being offered simultaneously on US and non-US online platforms and seen some “issues” there. So we are working on a series of memos and articles about how to do cross-border online offerings right. The first memo is a short guide to Regulation S compliance for EB-5 offerings and can be found here.
The SEC’s not messing around on Form D filings.
December 23, 2024
On December 20, 2024, the SEC announced enforcement actions against