The volatility of the financial markets in the last 18 months has contributed to increased interest in “at-the-market” offerings as a means for public companies to opportunely and incrementally raise capital. These programs raise a number of issues under the securities laws, including the need to navigate the requirements of Regulation M. The authors highlight the issues under Regulation M that should be considered before commencing an at-the-market offering and suggest possible measures to address certain of these issues.
Originally published by RSCR Publications LLC in the Vol. 43, No. 1 edition of the The Review of Securities & Commodities Regulation.