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Rule 701 is a safe harbor exemption created by the Securities and Exchange Commission (SEC) that allows companies to issue stock options without the time and expense of registration of the stock under the Securities Act. Rule 701 only applies to private companies.
A rule under the Securities Act that provides a safe harbor from registration under the Securities Act for grants of equity securities by a non-reporting company to its employees and certain other persons under the terms of a written compensatory benefit plan or written compensation contract.
Rule 701 exempts certain sales of securities made to compensate employees, consultants and advisors. This exemption is not available to Exchange Act reporting companies. A company can sell at least $1 million of securities under this exemption, regardless of its size.
The persons to whom offers and sales of securities may be made pursuant to the Rule 701 exemption include employees;6 directors; general partners; trustees, where the issuer is a business trust; officers; and consultants and advisors, provided that such consultants and advisors render bona fide services and that such ...
These laws regulate the securities industry within the state and understanding the basics of Maryland's blue sky laws will help you make smart business decisions about how you put together an offer and protect yourself from potential legal trouble.
The purpose of Rule 701 is to allow private companies to offer equity-based compensation without the expense of registering offers and sales of these securities with the SEC.
Rule 701 is a federal exemption under the Securities Act of 1933 that allows private companies to issue securities to employees and other service providers. This is especially useful when not all of your employees or service providers are accredited investors eligible for other securities exemptions like Regulation D.