SEC capital reforms

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SEC capital reforms

Proposed changes to Rules 144 and 145

In changes designed to reduce costs of capital and increase liquidity, US regulators are set to reduce the regulatory burden imposed on smaller companies.

The SEC has published the text of much-anticipated proposed rules in two releases.

One release proposes amending Rule 144 of the Securities Act to shorten the holding period required before restricted securities can be resold under the rule.

The proposal also seeks to amend Rule 145 to eliminate so-called presumptive underwriter provisions for companies.

The Commission's second release proposes broadening the eligibility requirements for short form registration of public offerings so that companies with a public float below $75 million can have easier access to the public securities markets.

On May 23 2007, the SEC voted to propose several modifications to its existing rules governing capital formation and reporting requirements for smaller public companies.

The SEC has provided a 60-day period for the public to comment on the proposed rules. The SEC will publish final rules once the comment period concludes on September 4 2007. DA

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