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Friday, April 05, 2024 8:56:17 PM
Don't forget that Securities Act disclosure!!
Section 17(b) of the Securities Act of 1933 ("the Securities Act") mandates that if a person is paid by an issuer to promote a security, the person must disclose the nature, source and amount of such compensation.2 Specifically, Section 17(b), also known as the anti-touting provision, makes it unlawful for any person to:
"publish, give publicity to, or circulate any notice, circular, advertisement, newspaper, article, letter, investment service, or communication which, though not purporting to offer a security for sale, describes such security for a consideration received or to be received, directly or indirectly, from an issuer, underwriter, or dealer, without fully disclosing the receipt, whether past or prospective, of such consideration and the amount thereof."3
To establish a Section 17(b) violation, "a person must (1) publish or otherwise circulate (using a means of interstate commerce), (2) a notice or type of communication (which describes a security), (3) for consideration received (past, currently, or prospectively, directly or indirectly), (4) without full disclosure of the consideration received and the amount."4 To that end, Section 17(b) was designed to protect the public from publications that "purport to give an unbiased opinion but which opinions in reality are bought and paid for."5
The SEC Continues to Prove it is the Most Powerful Influencer: How to Avoid Touting Charges
https://www.whitecase.com/insight-alert/sec-continues-prove-it-most-powerful-influencer-how-avoid-touting-charges
Recent GDHG News
- Golden Heaven Group Holdings Ltd. Enters into a Collaboration Agreement with Nanping City Dacheng Culture Communication Co., Ltd. • PR Newswire (US) • 04/02/2024 12:00:00 PM
- Golden Heaven Group Holdings Ltd. Enters into a Collaboration Agreement with Zigong City Dragon Culture & Arts Co. Ltd. • PR Newswire (US) • 03/19/2024 12:00:00 PM
- Form 6-K - Report of foreign issuer [Rules 13a-16 and 15d-16] • Edgar (US Regulatory) • 03/06/2024 09:10:18 PM
- Golden Heaven Group Holdings Ltd. Announces Guest Visits Increased During the 2024 Chinese Spring Festival Holiday • PR Newswire (US) • 03/06/2024 01:00:00 PM
- Golden Heaven Group Holdings Ltd. to Expand into Indonesia Market with its Strategic Partnership • PR Newswire (US) • 02/29/2024 01:00:00 PM
- Form 6-K - Report of foreign issuer [Rules 13a-16 and 15d-16] • Edgar (US Regulatory) • 02/22/2024 09:10:32 PM
- Golden Heaven Group Holdings Ltd. Announces $6,000,000 Share Repurchase Program • InvestorsHub NewsWire • 02/22/2024 01:39:25 PM
- Golden Heaven Group Holdings Ltd. Announces $6,000,000 Share Repurchase Program • PR Newswire (US) • 02/22/2024 01:00:00 PM
- Golden Heaven Group Holdings Ltd. Announces Financial Results for Fiscal Year 2023 • PR Newswire (US) • 02/15/2024 11:30:00 PM
- Form 20-F - Annual and transition report of foreign private issuers [Sections 13 or 15(d)] • Edgar (US Regulatory) • 02/15/2024 10:08:28 PM
- Form SC 13G - Statement of acquisition of beneficial ownership by individuals • Edgar (US Regulatory) • 02/14/2024 09:10:06 PM
- Golden Heaven Group Holdings Ltd. Receives Nasdaq Notification Letter Regarding Minimum Bid Price Deficiency • PR Newswire (US) • 02/14/2024 09:05:00 PM
- Form SC 13G - Statement of acquisition of beneficial ownership by individuals • Edgar (US Regulatory) • 02/13/2024 10:34:06 PM
- Form SC 13G - Statement of acquisition of beneficial ownership by individuals • Edgar (US Regulatory) • 02/13/2024 10:32:00 PM
- Form SC 13G - Statement of acquisition of beneficial ownership by individuals • Edgar (US Regulatory) • 02/13/2024 10:26:21 PM
- Golden Heaven Group Holdings Ltd. Releases 2024 Chairman's Letter to Shareholders • InvestorsHub NewsWire • 02/06/2024 02:09:30 PM
- Golden Heaven Group Holdings Ltd. Releases 2024 Chairman's Letter to Shareholders • PR Newswire (US) • 02/06/2024 01:00:00 PM
- Golden Heaven Group Holdings Ltd. Announces the Trial Operation of Seven Rainbow Park • PR Newswire (US) • 02/01/2024 01:00:00 PM
- Form NT 20-F - Notification of inability to timely file Form 20-F • Edgar (US Regulatory) • 01/31/2024 09:10:05 PM
- Golden Heaven Group Holdings Ltd. Intends to Enter into an Operating Lease Framework Agreement with a Top-tier Chinese Amusement Group • PR Newswire (US) • 12/07/2023 01:00:00 AM
- Golden Heaven Group Holdings Ltd. Announces Strategic Initiatives • PR Newswire (US) • 12/04/2023 11:00:00 AM
- Form 144/A - Report of proposed sale of securities: [Amend] • Edgar (US Regulatory) • 11/23/2023 01:33:01 AM
- Golden Heaven Group Holdings Ltd. Offers Response to Deceptive, Fabricated Postings • GlobeNewswire Inc. • 11/16/2023 11:00:00 AM
- Form 6-K - Report of foreign issuer [Rules 13a-16 and 15d-16] • Edgar (US Regulatory) • 11/08/2023 09:10:26 PM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 11/06/2023 11:55:34 AM
Avant Technologies Equipping AI-Managed Data Center with High Performance Computing Systems • AVAI • May 10, 2024 8:00 AM
VAYK Discloses Strategic Conversation on Potential Acquisition of $4 Million Home Service Business • VAYK • May 9, 2024 9:00 AM
Bantec's Howco Awarded $4.19 Million Dollar U.S. Department of Defense Contract • BANT • May 8, 2024 10:00 AM
Element79 Gold Corp Successfully Closes Maverick Springs Option Agreement • ELEM • May 8, 2024 9:05 AM
Kona Gold Beverages, Inc. Achieves April Revenues Exceeding $586,000 • KGKG • May 8, 2024 8:30 AM
Epazz plans to spin off Galaxy Batteries Inc. • EPAZ • May 8, 2024 7:05 AM