Please take a look at our new alert on the recently enacted M&A BD Exemption. Ernest E. Badway – The ‘New’ M&A Broker-Dealer Exemption (foxrothschild.com).
Continue Reading The ‘New’ M&A Broker-Dealer Exemption AlertThe SEC’s Division of Trading and Markets stated that it would not recommend enforcement action if a “mergers and acquisitions broker” were to engage in the sale or purchase of
Continue Reading M&A BROKER RELIEF FROM REGISTRATION
Recently, the SEC’s Division of Trading and Markets Staff issued no action relief allowing those persons and entities specializing in mergers and acquistions (“M&A Broker”) to avoid broker-dealer registration. See
Continue Reading More Unaswered/Answered Broker-Dealer Registration Questions
A German company sought the Staff’s assurance that it does not have to register as a broker-dealer if it is retained outside the U.S. by non-U.S. clients in connection with
Continue Reading Offshore M&A Transaction Agent Need Not Register as BD
A popular two-tier merger and acquisition structure may trigger certain prohibitions under the Securities Exchange Act of 1934. In particular, this problem relates to the so-called “Burger King” structure, arising from the private equity
Corporate officials, who did not disclose merger talks with a competitor, did not commit securities fraud. See Filing v. Phipps, 6th Cir., No. 11-4157, 10/23/12, http://federal-circuits.vlex.com/vid/mark-filing-v-william-phipps-403576058.
The court determined that
Continue Reading You May Get Lucky By Not Discussing Merger Talks