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Legal

Legal developments affecting capital formation by pre-IPO private and public emerging growth companies

  • Related Topics:
  • Enforcement
  • regulation
  • Reg A
  • JOBS Act
  • China
Med-X
Enforcement

Embattled Med-X Loses Deal Broker, Fights SEC Suspension

By Teri Buhl | January 10, 2017

The selling broker for Med-X’s Regulation A+ offering has quit, citing the late filing of the company’s 2015 annual report, which resulted in the suspension of the offering by the Securities and Exchange Commission in September.

Emerging Growth News

10th Circuit Finds SEC Administrative Proceedings are Unconstitutional

By Brett Goetschius | January 6, 2017

In the latest ruling in the pitched battle between the securities defense bar and the SEC on the validity on the agency's administrative law courts, a judge in the U.S. 10th Circuit Court of Appeals has found the agency's hiring of administrative law judges, or ALJs, to be unconstitutional.

Med-X
Enforcement

Med-X’s Reg A Offering Suspended by SEC for Late Filing

By Teri Buhl | September 29, 2016

The Securities and Exchange Commission has halted a Reg A offering by a California-based marijuana company after the company was late in filing its annual report. Med-X, which operates a website about the marijuana industry, had been marketing its $15 million offering through StartEngine’s online portal.

MGTR
Enforcement

SEC Investigating Trading by PIPE Investors in MGT Capital

By Teri Buhl | September 22, 2016

The disclosure of a subpoena by the SEC, followed by the New York Stock Exchange’s announcement that it would not approve listing the company’s stock after it completes a controversial reverse merger, sent shares of MGT Capital plummeting.

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Recent Filings

  • 1-U – StreamNet, Inc. (0001681343) (Filer)
  • 1-A/A – Nowigence Inc. (0001761911) (Filer)
  • 1-A/A – UMBRA Technologies (US) Inc. (0001742808) (Filer)
  • 1-U – TRUE LEAF MEDICINE INTERNATIONAL LTD. (0001698370) (Filer)
  • 1-A/A – Contact Gold Corp. (0001759352) (Filer)
  • 1-A – DPW Holdings, Inc. (0000896493) (Filer)
  • 1-A/A – Fundrise Growth eREIT 2019, LLC (0001768726) (Filer)
  • 1-A/A – Fundrise Income eREIT 2019, LLC (0001768760) (Filer)

Recent Stories

  • FAT Brands Starts Strong on Nasdaq

    On a side street off Times Square brokers and traders lined up earlier this week for a rare treat outside of Nasdaq’s Manhattan market center: free Fatburgers. Mark Elenowitz, the investment banker behind the $24 million Regulation A capital raise of FAT Brands, was glowing with pride. FAT Brands opening IPO day was here and market interest had driven the stock to open above the $12 Reg A offer price. The first trade sold at $12.80 and the stock soared to $13.99 in the morning hours. Elenowitz and his team at Tripoint Global Equities had worked all weekend to ensure the 2 million shares sold cleared the DTC (Depository Trust Company) and the hundreds of retail investors who bought stock through Tripoint’s online crowdfunding portal, BANQ, had their shares in their retail accounts available to trade immediately. FAT Brands is controlled by Andy Wiederhorn, head of the investment firm Fog Cutter Capital Group. The Southern California burger joint Fatburger, often touted by Hollywood celebrities, was started by Lovie Yancey and Charles Simpson. Yancey first opened a three-seater burger stand in the late 1940s in front of her house in South Central Los Angeles. FAT Brands, which stands for Fresh-Authentic-Tasty, owns multiple franchise chains focused on American food served in a fast casual setting. Fatburger is a 65-year-old company fashioned as a self-serve burger joint that competes with In-n-Out and Shake Shack (SHAK). Buffalo’s Café was founded in Roswell, Ga. in 1985, and is known for its chicken wings with 13 different sauces. And the company’s newest acquisition, Ponderosa and Bonanza Steakhouse, is a chain started in 1963 by Dan Blocker, who was known for his role as Hoss Cartwright in the TV western series Bonanza. CLICK HEADLINE FOR MORE>>

  • Reverse Merger Attorney Ofsink Pleads Guilty in Pump-and-Dump Scheme

    New York securities attorney Darren Ofsink, once an active adviser to emerging growth companies seeking to go public through reverse mergers, pleaded guilty on Oct. 18 to one charge of conspiracy to commit securities fraud, for his role in the $86 million manipulation scheme of CodeSmart Holdings (ITEN).

  • FAT Brands
    FAT Brands Readies Close of $24M APO

    Fast-casual dining franchise company FAT Brands expects to close it’s $24 million Reg A offering as soon as Oct. 20, according to company insiders. The quick closing follows reports that the company attracted millions of committed capital on its first day after the Securities and Exchange Commission qualified the offering on October 3. The owner of Fatburger and Buffalo’s Café is selling two million shares at $12, with a minimum investment of $500, from institutional and retail investors. The deal is being sold by Tripoint Global Securities as the exclusive bookrunner.

  • Zacks Small Cap Research Head and Banker Charged with Insider Trading

    The broker-dealer division of Chicago-based Zacks Investment Research, has been charged by the Securities and Exchange Commission for failure to supervise staff who traded on non-public material information. The action is a blow to the nascent Reg A research market, where Zacks has been the first and only traditional sell-side broker to offer equity research on Reg A issuers.

  • Arcimoto IPO
    Arcimoto’s Fast Close and Listing a Roadmap for Reg A+ Market

    The recent successful Reg A+ offering and immediate Nasdaq listing by an electric utility vehicle startup offers a roadmap for other issuers seeking a quick path to public capital and trading liquidity.

  • Arcimoto
    Second Ultra-light Carmaker Seeks to Tap Reg A Market

    An Oregon-based concept car company has been qualified by the Securities and Exchange Commission to raise $29.9 million through a Tier 2 Regulation A offering. Arcimoto is selling 4,600,000 shares at $6.50 through an exclusive underwriting agreement with WR Hambrecht + Co. The company plans to list on Nasdaq’s Capital Market.

Growth Capitalist publishes news and analysis of the markets for emerging growth company investment and finance. Our analysts and correspondents provide news coverage and research on public and private investment in pre-IPO and public reporting high-growth companies valued under $1 billion, via PIPEs, Reg A, Reg D, self-directed IPOs and other alternative offerings.

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