Raising Capital: Regulation D and the JOBS Act
Companies obtain needed capital either by borrowing funds from lenders or through the sale of securities, with such sales typically effected through private offerings of securities. Regulation D (promulgated under the Securities Act of 1933) sets forth the rules under which an issuer can effect private offerings, and in 2013 the JOBS Act expanded the reach of Regulation D by allowing issuers to advertise such offerings. Please note, however, that if an issuer wishes to advertise an offering it must ensure that only “Accredited Investors” (those meeting certain income/net worth requirements) purchase the offered securities.
We work with our clients in the preparation of all documents necessary to raise funds in a Regulation D offering, and in guiding them so that they can meet the requirements of Regulation D.
Please feel free to contact us if you would like further legal assistance or information regarding the raising of capital, including through a Regulation D offering.