Offshore Offerings by Foreign Entities: How Far Will the SEC Reach to Regulate?

By: Melvina Carrick, Matthew Crane & Jennifer Hu

Many countries’ regulatory regimes, including that of the United States, traditionally require registration of all investment services offers or securities sales to their citizens. Many have claimed that the Internet will make such financial regulation obsolete. With the advent of the new technology, regulatory bodies across the globe have been forced to redefine what constitutes an offer to purchase securities within their borders. They have come up with a variety of models for regulating cross-border capital flows. Even countries with similar legal traditions such as Britain, the US, and Australia have taken different approaches.

Cite: 2001 Duke L. & Tech. Rev. 0007