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When to file a Form D

Technically, companies raising capital in reliance on Regulation D have up to 15 days following the first receipt of capital to file their Form D with the SEC.

However, if you read the SEC’s website closely you’ll notice that they warn investors about investing in companies who have not filed their Form D. They recommend to investors that they check to make sure the company soliciting an investment has at least filed their Form D.

Obviously, if you wait to file until after you receive capital you wouldn’t show up in the Edgar database, and this may be a deal breaker for certain investors. Especially if you’re taking advantage of the new 506(c) general solicitation, contacting investors you don’t necessarily know.

If there’s one thing we’re all sure of, it’s that investors are conducting a lot more due diligence these days. So, our recommendation, and it seems the SEC’s recommendation, is to file your Form D before contacting investors.

It’s FREE. The SEC does not charge to file a Form D.