Securities Lawyer 101 l Brenda Hamilton

Securities Lawyer 101 l Brenda Hamilton

Tuesday, November 26, 2013

Initial Public Offerings Increase in 2013

Initial Public Offerings (“IPOs”) launched on the U.S. markets are in an upswing once again.  As one consequence of the economic crisis of 2008, many qualified companies chose to postpone or entirely avoid going public.  Wall Street cheered statistics from October 2013, which show that 33 companies rose more than $12 billion in the course of the month.  That is the greatest number of U.S. IPOs embarked upon in a single month since 2007.
Many of those IPOs were sponsored by private equity firms.  Between April and October, funds raised in private equity launches were up 77 percent, compared to the same period in 2012.

In the second quarter and third quarters of 2013, proceeds raised were $13.2 and $11.8 billion respectively.  For the first nine months of the year, the total is $32.8 billion, as compared to $26.9 billion for full-year 2012 (excluding Facebook).
Of particular interest is the fact that of the 63 IPOs that priced during the third quarter, 58 (92 percent) qualified as “emerging growth companies” under the JOBS Act.  Emerging growth companies are defined as businesses with annual gross revenues of less than $1 billion that have not raised more than $1 billion in debt within the past three years.  The JOBS act provides such companies easier access to capital by offering them reduced auditor and accounting requirements, the opportunity to “test the waters” with institutional accredited investors before filing a registration statement, and by allowing them confidential SEC review of draft registration statements.
These new statistics are an encouraging sign that the JOBS Act is fulfilling its intended purpose.  Currently, the publicly available U.S. IPO pipeline includes 147 companies hoping to raise $27.3 billion.  At first glance, this might seem to indicate an impending downtrend, but it does not.  Because of the confidential filing provision of the JOBS Act, there are no doubt far more companies actively preparing initial public offerings than that number suggests.
The confidential filing provision is clearly popular.  Of the 58 companies whose IPOs were priced during the third quarter, 50 chose to file confidentially.
Not only is the number of IPOs on the rise; their first day return is higher.  The average return of the 63 companies that priced during the third quarter was 20 percent, as compared to 13 percent for the same period in 2012.  In addition, they have extended their gains, averaging a post-IPO return of 27 percent, and considerably outperforming the S&P 500, which rose 4.7 percent in the quarter.  The strongest sector was technology stocks, bringing in an average one day return of 34 percent.
All this bodes well for the U.S. markets and for companies planning to go public in the relatively near future.  Last week’s highly successful Twitter debut suggests that young companies, particularly those defined as emerging growth companies, have overcome their reservations about initial public offerings, and are ready to take the plunge.
This blog post about initial public offerings is provided as a general informational service to clients and friends of Hamilton & Associates Law Group and should not be construed as, and does not constitute, legal and compliance advice on any specific matter, nor does this message create an attorney-client relationship. For more information concerning the rules and regulations affecting SEC registration statements, Rule 144, Form 8K, FINRA Rule 6490, Rule 506 private placement offerings, Regulation A, Rule 504 offerings, Rule 144, SEC reporting requirements, 1933 Act registration statements on Form S-1, S-8 and 1934 Act registration statements on Form 10, OTC Pink Sheet listings, OTCBB and OTCMarkets disclosure requirements, DTC Chills, Global Locks, reverse mergers, public shells, go public direct transactions and direct public offerings please contact Hamilton and Associates at (561) 416-8956 or info@securitieslawyer101.com. Please note that the prior results discussed herein do not guarantee similar outcomes.
Hamilton & Associates | Securities Lawyers Brenda Hamilton, Securities Attorney 101 Plaza Real South, Suite 202 North Boca Raton, Florida 33432 Telephone: (561) 416-8956 Facsimile: (561) 416-2855 http://www.securitieslawyer101.com

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