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ARTICLE · 05 JULY 2012

The Potential Implications Of The JOBS Act On D&O Coverage

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act, better known as the JOBS Act.

United StatesInsurance

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act, better known as the JOBS Act. The JOBS Act is intended to help smaller and new companies raise capital, and, to accomplish this goal, institutes fundamental changes to existing securities laws in the areas of fundraising and emerging growth companies (EGCs).

Changes to Laws Governing Fundraising

The JOBS Act relaxes or entirely removes restrictions on private fundraising, including limitations concerning how and to whom private companies may market their Rule 144A securities offerings. It also raises the limit for securities offerings exempted under Rule 505 of Regulation D from $5 million to $50 million, thereby allowing for larger fundraising efforts. The JOBS Act broadly permits the previously limited allowance for "crowd funding," that is, the use of online platforms to raise up to $1 million in capital from numerous small investors over a 12-month period.

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