SEC Proposed Rule Disqualifying Felons and Bad Actors from Securities Offerings

On May 25, the SEC proposed a rule to deny the Rule 506 registration exemption for securities offerings where the issuer or another covered person (such as a director, officer, 10% beneficial owner, or person compensated for soliciting investors) had, within a certain amount of time before the offering, a “disqualifying event” such as: (i) a criminal conviction or court injunction in connection with the purchase or sale of securities; (ii) a final order from a regulator barring the issuer from certain actions; (iii) certain SEC disciplinary orders; (iv) suspension or expulsion from membership in a self-regulatory organization; (v) SEC stop orders; or (vi) U.S. postal servicer false representation orders. Comments must be submitted by July 14. SEC Release. Proposed Rule.