CNV opens public consultation to change the regulation of private securities offerings

CNV opens public consultation to change the regulation of private securities offerings

The body continues to modify a series of provisions and regulations regarding the capital market.

Private offerings are not subject to the public offering regime of the Capital Market Law.

Mariano Fuchila

Through General Resolution 1009/2024 of the National Securities Commission (CNV) A new regulatory framework was established for private offerings of negotiable securities.

Thus, the NVC continues to modify a series of provisions and regulations regarding the capital market. In this case, the resolution defines two types of private offerings:

  • Private offers themselves: These offers must be directed to a restricted group of investors, without resorting to mass media.
  • Private offers aimed at employees: These offers must be directed solely to employees of the issuing company or related companies, using only means of dissemination to which persons outside this category have no access.

The official text also establishes a transparency regime for private offers, in order to protect investors. The transparency regime requires that issuing companies provide investors with sufficient and accurate information about the offer and the negotiable securities being offered.

annex_7159295_1.pdf

The resolution does not require that private offerings be authorized by the CNV.

Key points of the measure

  • The resolution does not require that private offerings be authorized by the CNV.
  • Private offerings are not subject to the public offering regime of the Capital Market Law.
  • The resolution applies to private offerings of negotiable securities, as well as to extraterritorial offerings that do not have sufficient points of contact with Argentina.

The resolution will enter into force on the day following its last publication in the Official Gazette.

Source: Ambito

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