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Monday, November 20, 2017 9:18:36 PM
<<"And in 506(b) there can be 35 unaccredited investors!
IF it was 506(c) it would have been marketed like this becuse
marketing is legal in 506(c) offerings">>
Under Rule 506(b), a company can be assured it is within the Section 4(a)(2) exemption by satisfying the following standards:
The company cannot use general solicitation or advertising to market the securities;
The company may sell its securities to an unlimited number of "accredited investors" and up to 35 other purchasers. Unlike Rule 505, all non-accredited investors, either alone or with a purchaser representative, must be sophisticated — that is, they must have sufficient knowledge and experience in financial and business matters to make them capable of evaluating the merits and risks of the prospective investment;
Companies must decide what information to give to accredited investors, so long as it does not violate the antifraud prohibitions of the federal securities laws. But companies must give non-accredited investors disclosure documents that are generally the same as those used in registered offerings. If a company provides information to accredited investors, it must make this information available to non-accredited investors as well;
The company must be available to answer questions by prospective purchasers; and
Financial statement requirements are the same as for Rule 505.
https://www.sec.gov/fast-answers/answers-rule506htm.html
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