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  • Final Rule: Acceptance From Foreign Private Issuers Of Financial...

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Final rules eliminating the long-standing requirement that foreign private issuers1 reconcile financial statements in their SEC filings to U.S. generally accepted accounting principles2, as long as those financial statements have been prepared using International Financial Reporting Standards ( IFRS ) issued by the International Accounting Standards Board. The new rules, which will become effective on March 4, 2008, are intended to facilitate access to the U.S. capital markets by non-U.S. co.

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Special Treatment for Foreign Private Issuers under NASDAQ and NYSE 20% Rules. NASDAQ and the NYSE require stockholder approval before a company can sell or potentially issue securities equaling 20% or more of the issuer's common stock or voting power.

For decades, Foreign Private Issuers (“FPIs”) and their insiders have been exempt from the reporting requirements of Section 16 (“Section 16”) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) pursuant to Rule 3a12-3(b) under the Exchange Act.

Rule 10b5-1 allows insiders to sell company stock by setting up a predetermined plan that specifies in advance the share price, amount, and transaction date. The insider selling the stock and the broker carrying out the transaction must certify that they are not aware of any material nonpublic information (MNPI).

Rule 10b5-1 under the Exchange Act provides an affirmative defense from insider trading liability for corporate insiders and issuers effecting transactions in the issuer's securities pursuant to trading plans entered into in good faith and while not in possession of material nonpublic information.

Rule 144 allows restricted securities to be resold by the holder without registration under the Securities Act after a holding period of one year for an issuer that does not report under the Exchange Act (six months for issuers that report under the Exchange Act and have been subject to reporting for at least 90 days).

6110.1Foreign Issuer [Regulation C, Rule 405 and Exchange Act Rule 3b-4]: An issuer which is a foreign government, a foreign national or a corporation or other organization that is incorporated or organized under the laws of any foreign country.

Unlike Section 11, however, Rule 10b-5 applies to both public offerings and private placements.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232