SEC Panel Re-Defines the Threshold for Private Placement Investments

Posted on October 24th, 2014 at 12:54 PM
SEC Panel Re-Defines the Threshold for Private Placement Investments

From the Desk of Jim Eccleston at Eccleston Law Offices:

The SEC Investor Advisory Committee (IAC) voted to broaden the definition of sophisticated investors who can participate in private offerings. The current threshold requires individuals that earn at least $200,000 annually or have a net worth of $1 million excluding their primary residence.

The IAC has asserted that the current threshold “oversimplifies the factors that determine whether an individual truly has the wealth and liquidity to shoulder the potential risks of private offerings.”  For example, this threshold doesn’t provide adequate protection for investors whose net worth is based on a retirement nest egg or on illiquid holdings, such as farmland.

As a result, the IAC is considering two approaches to implement the change.  One approach is to remove the income and net worth floors and instead consider a definition of sophisticated investor which takes into account an individual's education, professional credentials (such as the Chartered Financial Analyst designation or a Series 7 license), and investment experience.

Another approach is to maintain income and net worth standards, but limit participation in private placements to a certain percentage of an investor's income or assets.

Additionally, the IAC is considering whether to shift responsibility for verifying accredited investor status from the securities issuers to third parties, who could include brokers, investment advisers, accountants and attorneys.

Finally, the IAC recommended that the current limit on the number of non-accredited investors who can participate in private offerings should remain intact but that non-accredited investors should receive stronger protections.

The attorneys of Eccleston Law Offices represent investors and advisers nationwide in securities and employment matters. Our attorneys draw on a combined experience of nearly 50 years in delivering the highest quality legal services.

Related Attorneys: James J. Eccleston

Tags: SEC IAC, SEC, Securities and Exchange Commission, IAC, Investor Advisory Committee,

Return to Archive

TESTIMONIALS

Previous
Next

Thank You from the bottom of our hearts for all you have done for us. When we realized this was a very bad investment - we did not know where to turn for help. Then we received your name. When we called you - you were so kind to us and then agreed to help us. For this we are so very grateful. The world would be a much nicer place if there were more people like the two of you in it. We will always remember all the help and kindness you have shown us. Thank you so very very much for everything.

Wayne and Judy S.

LATEST NEWS AND ARTICLES

April 18, 2024
SEC Fines Target Off-Channel Communications

The Securities and Exchange Commission (SEC) is ramping up its enforcement efforts targeting off-channel communications, particularly text messages, among investment advisory firms.

April 17, 2024
B. Riley Financial Again Delays Filing Audited Results

B. Riley Financial Inc. has encountered a setback in filing its audited results within an extended timeframe, adding to existing pressure amid concerns raised by short sellers regarding its association with a former business partner.

April 16, 2024
Former Wells Fargo Advisor Accepts Industry Bar Amidst Misuse of Client Funds Allegations

A former advisor with Wells Fargo Advisors Financial Network (FiNet) in Chicago, Jayson R. Pocius, has agreed to accept an industry bar rather than cooperate with a
Financial Industry Regulatory Authority (FINRA) investigation into allegations of misusing client funds.