|SecondMarket Participant Growth (Q2 Update)|
In SecondMarket's Q2 2011 Business Update, I read that Barry Silbert, CEO of SecondMarket, testified before congress in May about changing a law that requires private companies to go public after exceeding 500 shareholders. On June 14, 2011, the "Private Company Flexibility and Growth Act (H.R.2167)" was introduced "to amend the Securities Exchange Act of 1934 to change the threshold number of shareholders for required registration under that Act" to 1,000. Could this have a major effect on the public equity markets if passed? What happens to high frequency trading if liquidity gets pulled from the NYSE and Nasdaq?
"In May, I was invited to testify before the House of Representatives Committee on Oversight and Government Reform about the negative impact of the so-called 500 Shareholder Rule on US businesses. The rule compels private companies to become public reporting companies once they have more than 499 shareholders and $10 million in assets at the end of the calendar year. Participating in the hearing was an amazing experience and a tremendous opportunity to discuss the 500 Shareholder Rule with prominent members of both political parties. The reaction to my testimony was almost entirely positive and I walked away encouraged by the bipartisan support.
A few weeks after the hearing, there was an exciting breakthrough: “The Private Company Growth and Flexibility Act” was introduced in the House by Rep. Schweikert (R-AZ) and Rep. Himes (D-CT). Specifically, this bipartisan bill would modernize the 500 Shareholder Rule by increasing the threshold from 500 to 1,000, while also exempting employees and accredited investors from the count. We’ve been promoting these changes for several months as the current rule restricts private companies’ ability to readily access capital, retain existing employees and hire new ones." [continue reading at SecondMarket.com]
Follow the bill at OpenCongress.org