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Going Public Comparison ChartBy William Catehttp://home.earthlink.net/~beowulfinvestments/U.S. Securities and Exchange Commission (SEC) regulatory compliance requirements are directly related to the costs of taking any private company public and being a public company in the United States.For U.S. Domestic companies, attorneys and accountants must put their careers and firms at risk in doing a SEC filing for any company. They will charge their clients in accordance with that risk. Because Non-US company filling requirements don't require an attorney to accept responsibility for the content of a SEC filing and because the accountants aren't required to use GAAP and thus aren't as liable should there be errors in the audit, the costs of professional services are far lower.The annual filings for a US Domestic Company are more numerous and require attorney and accountant liability for the content of the SEC documents. For these reasons you can take public and maintain the registration for a Non-US company for about one-tenth the costs of taking public and maintaining the registration of a US Domestic Company.US Domestic Companies Non-US CompaniesInitial Registration Initial RegistratSB2* requires GAAP 20F no GAAP audit audit and attorney and no requirement responsibility for attorneyfor document responsibilitycontent. for document* Least regulatory onerous content.US Domestic SEC filling form.Annual Filings Annual Filings10K requires GAAP 20F no GAAP audit and audit and attorney no attorneyresponsibility responsibilty for requirement for document content.Three 10Q requires There are no other Attorney liable required SEC for document responsibilities forcontent a Non-US Company Annual Shareholders ReportAnnual General MeetingPrivate PlacementsShares Held Shares Heldfor one year. for 42 days.Stock Sale Report Stock Sale ReportYes NoIt is far easier to raise Private Placement money for a company when the required hold period is 42 days rather than one year. The non-US private placement investors are at far less risk of losing their risk capital. They are in a position to make a profit in less than one-sixth the time of an investment in a US Domestic Company. However, both US Domestic and Non-US Firms are subject to US Full Disclosure requirements and investment fraud is a felony in the United States no matter the jurisdiction of incorporation of the company.If you are the CEO or CFO of a private Non-US Company seeking Private Placement investment or if you are a US Domestic Company seeking to become a multinational corporation, I can help you go public in the United States. Email me at [email protected] Article Tags: Going Public Comparison, Going Public, Public Comparison, Non-us Company, Domestic Company, Private Placement
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