Companies Can Submit Draft Registration Review Statements for IPOs
August 7, 2017
The Securities and Exchange Commission (“SEC”) has announced that effective July 10, its Division of Corporation Finance (“Corp Fin”) will allow companies to present draft registration statements regarding their initial public offerings (“IPOs”) for non-public review. This includes IPOs and most offerings made during the first year after an organization enters the public reporting system.
Corp Fin’s decision gives companies additional flexibility to design their offering. The non-public review following the IPO decreases its likelihood of being exposed to market fluctuations, which could negatively impact the offering process and public shareholders. Requiring a public filing period before the marketing launches allows the process to incorporate part of the emerging growth company review process that permits the public to review those offerings.