SEC issues first-ever guidance for privately held company M&A

The Securities and Exchange Commission has issued its first-ever guidance for mergers and acquisitions brokers who facilitate transactions between buyers and sellers of privately-held companies, according to a report from Healthcare Transaction Advisors.

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The SEC issued the guidance through a no-action letter released in January 2014. The letter states 10 requirements that, if met, mean an M&A broker may:

  • Negotiate the transaction
  • Represent either (or both) the buyer and the seller
  • Advertise a privately-held company for sale with a business description, general location and price range
  • Receive transaction-based compensation without a limit on the size of the business

Read the 10 requirements on HCT’s website.

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