Tuesday, August 05, 2008

State/Federal Securities Committees Submit Form D Survey to SEC

The State and Federal Securities Regulation Committees of the American Bar Association created a survey to gleen information about a firm's use of Form D for Regulation D securities offerings so that the Committees can obtain interpretive guidance on Electronic Filing and Revision of Form D adopted in Release No. 33-8891. Following completion of the survey, respondents are asked to email it to Gary Emmanuel at gemmanuel@reitlerbrown.com and Susan Cohen at scohen@lowenstein.com.

Here is a blueprint of the Form D Survey:

Please note that the identity of all respondents will be kept strictly confidential.

1. Approximately how many offerings conducted under Regulation D were being handled by your firm as issuer counsel as of June 30, 2008?

2. Of these offerings, approximately how many have been continuing for more than 12 months?

3. Of the offerings that have been continuing for more than 12 months, on average how many states do you estimate a Form D to have been filed in?

4. Does your firm typically treat the date of first closing as the "date of first sale" for the purposes of the trigger date for filing Form D? Yes or No

5. If you answered yes to Question 4, how often do you estimate that your firm encounters difficulties in filing Form D within 15 days of the "date of first closing?" Always Regularly Sometimes Rarely Never

6. Who bears the primary burden of the preparation of Form D filings in your firm?
Attorneys Paralegals Other (please explain)

7. What is the size of your firm (number of attorneys)?

over 300