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What is a Security? The Howey Test and Reves Test

…agent have been carefully examining whether the underlying “promissory note” is indeed a security qualifying for the use of Section 3(a)(9) and Rule 144 tacking of a holding a period….

OTCQB Reporting Requirements

…reporting obligations. A foreign company that is not an SEC Reporting Company must remain current and fully compliant in its obligations under Exchange Act Rule 12g3-2(b), if applicable, and in…

Eligibility Requirements for OTCQX

…of the penny stock exemptions under Rule 3a51-1 of the Exchange Act – that is, the company cannot be a penny stock; Not be a blank check or shell company…

OTCQB Initial Requirements

…or reorganization proceedings; Be duly organized, validly existing and in good standing under the laws of each jurisdiction in which it is organized and does business; Submit an application and…

Regulation A+ Offering Statement

…elect to proceed under either Tier I or Tier II for offerings up to $20 million. Tier II offerings require additional disclosures and ongoing reporting requirements. Today I am touching…

Exemption to Reporting Requirements for International Issuers

…U.S. over-the-counter market without registration under Section 12 of the Exchange Act and therefore without being subject to the Exchange Act reporting requirements. The rule is automatic for foreign issuers…

Merger and Acquisition Strategies

…Merger And Acquisition Strategies- Today I am continuing my discussion on the responsibilities of the board of directors and in particular their fiduciary duties related to merger and acquisition…

SEC Regulation S-X

…SEC Regulation S-X- Today is the continuation in a Lawcast series discussing SEC disclosure requirements and in particular the 341 page Regulation S-K concept release and request for public…

The Merger and Acquisition Process

…The Merger And Acquisition Process- Today I am continuing my discussion on the responsibilities of the board of directors and in particular their fiduciary duties related to merger and…

Advantages and Disadvantages of a Reverse Merger

…LawCast- Advantages and Disadvantages of a Reverse Merger Transaction. Part 5 of The Reverse Merger Transaction Series. The primary advantage of a reverse merger is that it can be…