Alert March 02, 2010

Reminder: Annual Update Requirement for Ongoing Regulation D Offerings

Form D filers who filed a Form D for a continuing offering prior to the March 16, 2009 compliance date for SEC rule changes affecting Form D should bear in mind that if their Regulation D offering continues to be ongoing, they must file an amendment to Form D at least annually on or before the anniversary of the most recent Form D filed with the SEC for that offering, even if there has been no change that would otherwise require an amendment.  Form D filers that have not previously filed Form D electronically should allow adequate lead time to secure the EDGAR access code necessary to make an electronic filing.