Going Public

Going public typically refers to when a company undertakes its initial public offering, or IPO, by selling shares of stock to the public, usually to raise additional capital. Going public is a significant step for any company and you should consider the reasons companies decide to go public. After its IPO, the company will be subject to public reporting requirements.

If you decide to conduct a registered public offering, the Securities Act requires your company to file a registration statement with the SEC before it may offer its securities for sale. Your company may not actually sell the securities covered by the registration statement until the SEC staff declares the registration statement "effective."

Once your company's registration statement is “effective,” the company becomes subject to Exchange Act reporting requirements. Even if your company has not issued securities under a registration statement declared effective by the SEC, it could still become a reporting company and be required to file a registration statement under Section 12 of the Exchange Act.