Rule 506(c) And The Future Of Private Placement Practices

Law360, New York (August 2, 2013, 2:17 PM EDT) -- As the securities bar carefully parses the language of the July 10 U.S. Securities and Exchange Commission release (the adopting release) implementing new Rule 506(c), which removes the bar on general solicitation and advertising in private placements, the implications of the new rule and the fundamental changes to long-standing practices that it will cause are coming into better focus.

The most significant of these relate to how an issuer can verify accredited investor status without relying only on an investor’s bald assertions. Below are some observations and...
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