The new SEC rules went into effect on the first of March. If you are going to be seeking to raise capital, you need to know the game has changed. If you follow the new rules, you can undertake all kinds of marketing efforts and advertising to “test-the-waters” before you launch an actual offering or undertake a securities filing.
One of the key considerations is the fact the SEC will receive a copy of all of these advance disclosures, so everything needs to be material and factual. You can’t accept a commitment, funds or sell securities until you have completed all of the requirements of these new rules. Be sure to obtain the advice of your legal counsel before you start and all the way thru the process.