Investor Relations And New General Solicitation Rules Brenda Hamilton
Submitted 2014-01-05 18:24:55 Investor relations also known as stock promotion involves the publication of information about a public company to increase its stock price and trading volume. The person who publishes this information is sometimes referred to as a "Stock Promoter". Stock Promoters use a variety of media including spam email
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While investor relations activities are not per se illegal, Stock Promoters are often the target of securities enforcement actions.
With the new rules allowing general solicitation in Rule 506(c) offerings, many investor relations firms are postioning themselves in a different role-that of publisher of information about Rule 506 offerings instead of disseminating information designed to raise a company's public trading price.
Due to the recent changes to Rule 506 that become effective on September 23,2 013, many promoters work closely with an securities lawyer to develop an effective compliance strategy for disseminating information about private placements offerings by existing public companies and private companies in going public transactions. Most often, enforcement actions concerning dissemination of information by stock promoters arises from violations of Section17(b) and Section 5 of the Securities Act of 1933
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Securities Act Section17(b).
Section17(b) is an anti-fraud statute that requires Stock Promoters as publishers of information to provide full disclosure of their compensation including:
♦ Type of compensation (securities or cash) received;
♦ If the compensation is in securities, whether the securities are restricted or unrestricted;
♦ Amount of securities or cash paid;
♦ Source of compensation (directly and indirectly) and if compensated by a third party shareholder or corporate entity, the shareholder or control persons of the entity must be identified by his or her individual name; and
♦ If a corporate entity is the publisher of the information, the control persons of the corporate entity must be disclosed.
Section 17(b) also requires that the Publisher disclose his or her compensation in every press release, as well as other published documents, including emails or faxes. The disclosure must state the relationship of the payer to the issuer that the Stock Promoter is promoting. In the case of an SEC reporting company engaging a Stock Promoter, the issuer should disclose the terms of the Stock Promoter's engagement including compensation in its periodic filings on the SEC's Edgar database or OTCMarkets website. Most investor relations firms fail to comply with Section 17(b). Additionally
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Anyone who receives or reviews investor relations materials by email, hard copy, fax, website or any other media should consider the materials to be part of an illegal "pump and dump" tout unless the disclosures required by Section 17(b) are provided. It should be noted that compliance with 17(b) does not ensure compliance with the anti-fraud or registration provisions of the securities laws. Author Resource:- For blog further information about this article, please contact Brenda investor relations fraud Hamilton, Securities Attorney blog at 101 Plaza Real S
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at 561-416-8956 17(b) or visit http:www.securitieslawyer101.
Article From Article Directory Database What Is Web based POS Software Elmer Summers
Submitted 2014-10-01 13:46:14 Usually POS systems have all been on-premise, designed to help traders increase the efficiency and speed of their checkout procedure and to alleviate a lot of the managerial burden related with trade management.
In recent years, though, a number of online solutions have cropped up to achieve this same function. These come with many of the advantages usually related with cloud-based software: lower up-front costs and technicalhardware burdens. Web-based POS software is developed to meet the needs of the retailer, but with minimal hardware installation as in comparison to a traditional POS.
What Type of Buyer Are You?
Prior to digging into software
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Simple systems: - Smaller companies typically want a straightforward POS for consumer checkout and inventory management. Many of these systems also have built-in CRM and bookkeeping capabilities to manage every thing a small business would need.
Enterprise systems: - Bigger corporations might be searching for a more robust solution that has extra levels of functionality beyond those typically related with a POS. These may include pricing controls andor variations, merchandise preparing and warehouse or shipping management. Not every enterprise solution will .