The Independent Counsel

Corporate Finance


Putting the House in Order


Thinking of Going Public? - Part II

BY JAMES W. SPINDLER

[Part I, published in our last issue, covered the selection of an underwriter, accounting firm and law firm in anticipation of an initial public offering ("IPO") --Ed.]

As you move your company towards its IPO, you can expect its documents to be reviewed by, among others, outside counsel, your accounting firm, and the underwriters and their counsel. Staff examiners and accountants at the Securities and Exchange Commission ("SEC") also will examine all documents filed as exhibits to the Registration Statement for the offering.

Therefore, you should begin to review and update your documents immediately. The following are some that should be checked by experienced counsel prior to the offering:

You can save your company a lot of time, trouble and expense if your counsel begins the review process well in advance of efforts to arrange for a public offering.

Comment: Investing in competent corporate and securities counsel to review and update your company's documents early can play a critical role in a successful public offering for your company.

Thinking of Going Public (Part I)


© ASSOCIATION OF INDEPENDENT GENERAL COUNSEL 1994; (all rights reserved). This article is not intended as legal advice. Consult a qualified attorney for assistance concerning a specific issue or problem.