1. Eligibility:
Form S-3 Checklist outlines the eligibility requirements for a company to file its registration statement with the SEC, including minimum public float and other quantitative criteria.
2. Offering Type:
The type of securities offering that is being registered must be identified to determine which disclosure items are applicable.
3. Disclosure Requirements:
A company must provide certain disclosures in the registration statement that includes but is not limited to details about the issuer, business operations, risk factors, capital structure information, and financial statements.
4. Dilution Provisions:
All potential dilution from stock issuance needs to be disclosed in the registration statement as part of this checklist requirement.
5. Regulatory Filings:
All applicable regulatory filings must be completed and submitted to the SEC by the company.
6. Legal Review:
A legal review of the registration statement is necessary to ensure that all information is accurate and compliant with securities laws.
7. Corporate Governance Documents:
It is required that corporate governance documents, such as bylaws and board resolutions, be included in the filing for purposes of disclosure.
8. Compliance Officers:
Companies are required to name designee compliance officers who will handle certain matters related to compliance and shareholder relations on behalf of the issuer.