Regulation D

IntermediateRegulation & Compliance2 min read

Quick Definition

SEC rules that provide exemptions from registration requirements, allowing companies to raise capital through private placements.

Key Takeaways

  • Provides exemptions from SEC registration for private capital raises
  • Rule 506(b) allows up to 35 non-accredited investors without general solicitation
  • Rule 506(c) permits advertising but restricts sales to accredited investors only
  • Form D must be filed with the SEC within 15 days of the first sale
  • Most widely used exemption for startups, hedge funds, and private equity

What Is Regulation D?

Regulation D is a set of SEC rules that provide exemptions from the Securities Act of 1933's registration requirements, enabling companies to raise capital through private placements without the time and expense of a full public offering. The three main exemptions are Rule 504 (offerings up to $10 million), Rule 506(b) (unlimited amount to up to 35 non-accredited investors plus unlimited accredited investors, with no general solicitation), and Rule 506(c) (unlimited amount to accredited investors only, with general solicitation and advertising permitted). Companies using Regulation D must file Form D with the SEC within 15 days of the first sale. Regulation D is the most widely used exemption for private offerings, facilitating capital raising for startups, private equity funds, hedge funds, and real estate syndications.

Regulation D Example

  • 1A startup raised $5 million from accredited investors under Rule 506(b) of Regulation D without registering the offering with the SEC.
  • 2A hedge fund used Rule 506(c) to advertise its offering publicly, but was required to verify that all investors met the accredited investor income and net worth thresholds.