EB5 Investors Magazine | Page 56

Website Guidelines for Concurrent Rule 506(c) and Reg S EB-5 Offerings by Robert Ahrenholz and Mariza McKee The Securities and Exchange Commission (SEC) was directed pursuant to the Jumpstart Our Business Startups Act (the JOBS Act) to adopt amendments to Regulation D to provide for an exemption from registration under the Securities Act of 1933, as amended (the Securities Act) for private offerings involving general solicitations. As a result, the SEC on Sept. 23, 2013 amended Rule 506 of Regulation D by adding Rule 506(c) to allow for general solicitations, while retaining traditional Regulation D offerings in Rule 5 06(b). (SEC Release No. 33-9354 (Aug. 29, 2012) (“Rule 506(c) Release”)). 54 EB5 INVESTORS MAGAZINE