Any registration statement may be confidentially submitted prior to the issuer’s initial public offering date, as defined in the JOBS Act. Thus, an issuer that is not yet public may confidentially submit not only a Form S-1 for that issuer’s initial public offering, but may also submit registration statements for issuance of securities pursuant to employee benefit plans, as well as registration statements for secondary offerings by the issuer’s shareholders. This may become an opportunity for an issuer to plan its capital strategy in advance of its official IPO filing.
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