What is the difference between a public offering and a private placement?
Public offerings and private placements are two ways of raising money to finance a business. In a public offering, a company sells its securities (e.g. stocks and bonds) to the public on a stock exchange, such as the New York Stock Exchange. The company files a registration statement with the United States Securities and Exchange Commission (SEC) and makes the offering available to any investor who wishes to purchase the securities. A private placement, on the other hand, is when a company sells its securities directly to an individual or a small group of investors. These investors are usually high-net-worth individuals, venture capital firms, or investment banks. In a private placement, the company does not have to register with the SEC, but the investors must be accredited, meaning that the investor must meet certain financial and other criteria (as determined by the SEC) in order to be able to invest the money. In addition to the differences in how the money is raised, there are also other differences. For example, public offerings are usually more expensive than private placements, since they require a great deal of paperwork and legal fees. Public offerings also tend to involve a larger pool of potential investors than private placements, which limits the potential return on investment to the company. In Washington, the sale of securities must meet certain requirements set by the state. Companies planning to raise money through a public offering or private placement should consult a qualified business attorney familiar with the state’s laws.
Related FAQs
What is the difference between business law and corporate law?What are the major state and federal labor laws?
What are the requirements for employee benefit plans?
What are the requirements for issuing corporate bonds?
What is the law of consumer protection?
What is the role of a corporate lawyer?
What is the law of fiduciary duty?
What are the requirements for maintaining a business license?
What are the rights and responsibilities of employers?
What is the purpose of anti-trust law?
Related Blog Posts
Understanding Business Law: What Every Business Needs to Know - July 31, 20237 Key Aspects of Business Law Every Entrepreneur Should Be Aware Of - August 7, 2023
The Essential Elements of Business Contracts and Agreements - August 14, 2023
5 Questions Every Business Should Ask Before Starting a Partnership - August 21, 2023
What You Must Know About Company Structure and Formation - August 28, 2023