SEC proposals won’t help European companies

New rules on deregistration will not aid those who want to take advantage

Written by Paul Grant

Proposals aimed at making it easier for international companies to escape the regulatory requirements of a US listing do not go far enough for many businesses in Europe.

The Securities and Exchange Commission responded to calls from those trapped by its registration rules by proposing a change in December that would enable greater numbers of companies to escape the requirements of the Sarbanes-Oxley Act, should they wish. However, the Financial Times reports that a coalition of leading European business associations will tell the regulator that the changes will make little difference to the number of companies able to deregister.

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Currently, a non-US company can only deregister from the SEC if it has less than 300 US-based shareholders. The suggested change would mean companies with less than 5% of its shares held by US investors could exit the American market. This rises to 10% for larger companies as long as this shareholding accounts for less than 5% of daily trade volumes.

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