Going Out To the Market: Procedures
In the case of a new society, the insurance entity (investment bank or stock exchange agency that is in charge since the beginning until the end of the public offer of selling the shares of the society) usually commits itself to place these shares under conditions known as “first try” and “all or none”: it doesn’t guarantee the total success of the operation; if the insurance company can’t place all the participations, they won’t place none. (Small companies that work out of the stock exchange markets system, which, buy and sell shares on other markets out of the system, usually, propose this kind of agreement,).
If the society that pretends to quote on the stock exchange market has important and healthy assets and is going through a stage of fast growth, it could obtain from the insurance entity to accept responsibility over their own capital for the placing of the shares on the market of the aspiring society. Obviously, with this kind of contract, the conditions of the aspiring society for going out to the market are much better.
Once the insurance entity and the aspiring society for going out to the market are much better. Once the insurance entity and the aspiring society have arrived to an agreement, the next procedure is the registration. The process of registry is composed by the legal requisites by which the aspiring society has to submit to, as also, by the conditions that they must assume before offering their shares to the investors.
All these registry procedures must be done at the SEC, the federal organism established by the law to watch and to supervise the financial markets in the nation. As consequence of the abuses found when investigating the causes of the falling of the market in 1929, the congress determined the “total transparency” should be the dominant characteristic of all the public transactions of securities.
In this case, the transparency is referred to the simple fact that all investors should have access to all the pertinent information for the taking of decisions for investing or not in a determine security with all the knowledge available.
On the other side, the law of the state in which the society has its own address also requires that the authorities be given certain information. These state laws give an additional protection to the shareholders of the societies.
In a public offer, the emission prospect or circular offer constitutes the basic document for information. The entire public offer that represents a value of shares superior to 5 million of dollars has to be accompanying by an emission prospect.



