This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Securities,
Corporate,
Administrative/Regulatory

Nov. 22, 2019

SEC rule aims to expand use of ‘test-the-waters’ communications

The Securities and Exchange Commission recently adopted previously proposed Rule 163B under the Securities Act of 1933, as amended, to expand the use of “test-the-waters” communications — which were previously available only to emerging growth companies and persons authorized to act on their behalf.

Michael L. Lawhead

Michael is a partner with the firm's Securities and Corporate Governance Practice Group, based in its Costa Mesa office.

On Sept. 25, the Securities and Exchange Commission adopted previously proposed Rule 163B under the Securities Act of 1933, as amended, to expand the use of "test-the-waters" (TTW) communications -- which were previously available only to emerging growth companies and persons authorized to act on their behalf -- to all issuers, regardless of size or reporting status, and persons authorized to act on their behalf. Rule 163B permits all issuers to engage in TTW communic...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up