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US HR686
US HR686Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015
summary
Introduced
02/03/2015
02/03/2015
In Committee
05/20/2015
05/20/2015
Crossed Over
Passed
Dead
01/03/2017
01/03/2017
Introduced Session
114th Congress
Bill Summary
Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015 (Sec. 2) This bill amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition brokers and associated persons. A merger and acquisition broker shall not be exempt from registration, however, if the broker: (1) receives, holds, transmits, or has custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company; or (2) engages on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports. Nothing in this Act shall be construed to limit any other authority of the Securities and Exchange Commission to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation.
AI Summary
This bill, the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015, amends the Securities Exchange Act of 1934 to exempt certain brokers who facilitate mergers, acquisitions, and sales of smaller, privately held companies from the requirement to register with the Securities and Exchange Commission (SEC). An "eligible privately held company" is defined as one that does not have publicly traded securities and meets certain financial thresholds, specifically having less than $25,000,000 in earnings before interest, taxes, depreciation, and amortization (EBITDA) or less than $250,000,000 in gross revenues in the preceding fiscal year. However, this exemption does not apply if the broker handles any funds or securities involved in the transaction or if they engage in a public offering of securities for the company. The bill also includes provisions for adjusting the financial thresholds for inflation every five years and clarifies that it does not limit the SEC's existing authority to grant other exemptions.
Committee Categories
Business and Industry
Sponsors (11)
Bill Huizenga (R)*,
Kevin Brady (R),
Carlos Curbelo (R),
Tom Emmer (R),
Brian Higgins (D),
David Jolly (R),
Ann Kuster (D),
Zoe Lofgren (D),
Frank Lucas (R),
Bill Posey (R),
Dennis Ross (R),
Last Action
Placed on the Union Calendar, Calendar No. 303. (on 01/28/2016)
Official Document
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