Question on offshore broker/dealers setting up offices in the US and soliciting issuers - 3rd April, 2013
EB-5 Engagement with the Securities and Exchange Commission - 3rd April, 2013.
Answers
Yes, a foreign broker coming to the U.S. and soliciting U.S. companies to facilitate their offerings of securities offshore, especially one that has an office in the U.S., is a broker that the SEC will require to be registered.
Any broker dealer whether their parent is a US company or foreign company needs to be registered in order to solicit issuers or investors in the US. The operative word here is "setting up offices in the US". Once a broker dealer is domiciled in the US they need to be registered.
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