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Securities Attorneys

Exchange Act

Markets fluctuate and investments can be risky.

Companies must be ever vigilant about securities laws and remaining compliant with the most current guidelines. The regulations and enforcement actions pursued by agencies like the SEC are intricate and constantly changing, often creating internal and external problems for any company, investment fund, or brokerage firm.

With over two decades of experience as securities and business lawyers, Bevilacqua PLLC offers a wide range of securities law services, representing clients in numerous industries and from several countries. Our securities attorneys deliver thoughtful guidance and clear-cut execution in virtually any aspect related to security transactions, Exchange Act compliance, corporate oversight, governance, and securities litigation.

To learn more about how Bevilacqua PLLC can be a resource to shape and advise your organization, contact us online or call (202) 869-0888 to schedule an appointment.

 

What is the SEC?

The Securities and Exchange Commission (SEC) is a federal agency responsible for the regulation of the securities industry, U.S. financial markets, and exchanges. It also works with other federal and state organizations, including the Office of Foreign Assets Control (OFAC) and the Financial Industry Regulatory Authority (FINRA) to set industry standards regarding the proper way to offer, sell, purchase, and document securities transactions and protect investors from fraudulent and manipulative practices.

Some activities that may trigger the attention of the SEC or possible investigation are:

  • Overtrading or churning
  • Unauthorized trading
  • Market manipulation
  • Negligence
  • Breach of fiduciary duty
  • Misrepresentation
  • Breach of contract
  • Insider trading

When malfeasance or violations are alleged, the SEC and other similar regulatory agencies conduct investigations and can bring enforcement actions. The SEC has far-reaching influence, including civil actions or administrative proceedings. While the SEC does not have direct criminal authority, it can refer its findings for criminal prosecution in state or federal court.

Ensuring SEC Compliance

The SEC requires public corporations to make certain reports and disclosures on a regular basis. These disclosures promote transparency about the companies’ financial condition and business practices so investors can make educated decisions. We consistently monitor the SEC and other regulatory activity for changes in SEC policies and procedures. This constant monitoring gives us a broad range of experience from a risk and compliance perspective to help our clients comply with the most current SEC regulatory guidelines.

Our Exchange Act reporting services range from a complete outsourced solution to merely providing support to your internal team’s efforts. We put you on our calendar so that you begin the process of preparing SEC reports well in advance of the deadline. We leverage our internal technology systems and process driven organization to manage each step of the reporting process. We also offer alternative billing arrangements covering all SEC reporting so that you can stay within your budget and know exactly what your compliance costs will be.

We routinely assist our clients in complying with their Exchange Act obligations including the preparation and/or review of the following reports and other documents.

  • Form 10-K annual report
  • Form 10-Q quarterly report
  • Form 8-K quarterly report
  • Form 20-F annual report of foreign private issuer
  • Form 6-K report of foreign private issuer
  • SEC Forms 3, 4 and 5
  • Schedule 13D and 13G
  • Rule 144 relating to selling restricted and control securities
  • Respond to SEC comments on Exchange Act reports
  • Prospectus supplements to incorporate Exchange Act reports
  • Proxy and information statements and annual and special meetings

Tom Runzo

Chief Executive Officer, Equisolve, Inc.

I have used Lou as our lawyer for several years. Lou is a great attorney for both corporate and securities law who truly understands business. Over the years he has made dealing with lawyers much more pleasant and has made countless introductions in business. I would recommend that you give him a try, you won’t be disappointed.

Sarbanes-Oxley Compliance

The Sarbanes-Oxley (SOX) Act of 2002 was passed by Congress with the aim of protecting investors from fraudulent corporate accounting practices. The SOX Act brought about strict requirements for disclosure with its key provisions outlined in sections 302 and 404. These sections respectively mandate senior management to confirm the veracity of any financial statements and that internal controls are in place to mitigate inaccuracy. In addition to the financial reporting component, the SOX Act mandates that safeguards are in place regarding electronic record keeping. This section is meant to define how a company’s records should be stored and for how long, as well as to eliminate possible falsification.

The provisions of the Sarbanes-Oxley Act can be very expensive and time consuming for companies to fully implement. Not to mention that integrating new technologies can also pose a serious hurdle for a company, particularly emerging growth companies. To remain in compliance and properly execute your responsibilities it often takes the highly-focused attention of a SOX attorney.

 

Contact Bevilacqua PLLC

With efficient general legal counsel and full regulatory compliance, you can minimize the probability of encountering complicated and costly issues with regulators. To truly protect your investment and interests, the first step is to contact Bevilacqua PLLC. Our lawyers have decades of securities law experience and a proven history of success representing a wide array of clients throughout the U.S. and across the globe, through exceptional legal services and a comprehensive understanding of how your company can thrive.

Call us at (202) 869-0888 or online to schedule an appointment with our team.