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The Role Of Blue Sky Laws After Nsmia And The Jobs Act, Rutheford B. Campbell Jr.
The Role Of Blue Sky Laws After Nsmia And The Jobs Act, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
State securities laws—in particular, state laws requiring that securities offered by issuers be registered with the states—have been an impediment to the efficient movement of capital to its highest and best use. The pernicious effects of these laws—generally referred to as “blue sky laws”—have been felt most acutely by small businesses, a vital component of our national economy.
It has been difficult to remedy this problem. States and state regulators have been tenacious in protecting their registration authority from federal preemption. The Securities and Exchange Commission, on the other hand, has been reluctant to advocate for preemption and unwilling to …
The Sec's Regulation A+: Small Business Goes Under The Bus Again, Rutheford B. Campbell Jr.
The Sec's Regulation A+: Small Business Goes Under The Bus Again, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
Title IV of the JOBS Act, which is entitled "Small Company Capital Formation," requires the Securities and Exchange Commission to adopt new rules regarding offerings under Regulation A. The Commission has now adopted its final regulations implementing Title IV and providing a new regulatory regime for exempt offerings under Section 3(b) of the Securities Act of 1933. The new regime is generally referred to as Regulation A+.
Unfortunately, history and empirical data regarding the use of Regulation A and Regulation D strongly suggest that the final Regulation A+ rules are unlikely to provide any material relief for small businesses in …