Emerging growth companies

Just like smaller reporting companies that we mentioned in the previous article emerging growth companies are entitled to reduce regulatory and reporting requirements under the Securities Act and the Exchange Act But which companies qualify to be in this category. Emerging growth companies are companies that have total annual gross revenues less than $1.07 billion (initially $1 billion, but the it was adjusted in April, 2017 for inflation) during most recent completed fiscal year and companies retains that status under certain conditions. That is, annual revenues must not exceed $1,070,000,000 and it must not issue more than $1 billion in non-convertible debt over the past three years and must not become large accelerated filer. Firm remains being emerging company during the first five fiscal years after completion of an IPO.

A company could not be an emerging growth company if it completed its IPO on or before December 8, 2011 because this category of issuer was created under the Jumpstart Our Business Startups (JOBS) Act of 2012. This category doesn't exclude foreign private issuers that meet the criteria. What this status of emerging growth company brings to the firms? There are several benefits in form of permission that are not allowed to other companies. Company may include less extensive narrative disclosure than required of other reporting companies, especially in description of executives compensation. Audited financials are required for two fiscal year instead of three fiscal years for regular reporting companies. They are not obliged to provide an auditor attestation of internal control over financial reporting under Sarbanes Oxley Act and have the privilege to defer complying with certain changes in accounting standards. Securities Act permits emerging growth companies to engage in oral and written communication with qualified institutional buyers and institutional accredited investors to determine whether those investors might be interested in contemplated securities offering either before or after the date a related registration statement is filed with the SEC.

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