How To Apply Blue Sky Laws To Securities Offerings

Law360, New York (November 14, 2013, 1:46 PM EST) -- In the absence of an exemption either for particular securities involved, or for a particular type of transaction, the offer and sale of securities in every state is subject to registration and other qualification requirements imposed by individual state securities laws, commonly known as blue sky laws.

The process is in many cases streamlined, and substantially uniform, but the fundamental requirement is submission of a prescribed form of registration statement and approval by a state administrator prior to an offering. In some states, securities offerings are subject to “merit review,” by which administrators review the terms and aspects of securities against...

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