The Guardian
trending topics
Close Box

Our news

Yes, it’s true: We are joining GigaOM...


SEC Won’t Enforce Rule That Would Make Facebook Finances Public

  • Comments Comments (View)
  • Text Size: A A

Facebook isn’t a public company and it isn’t going to have to act like one any time soon. According to BusinessWeek,  the SEC agreed that it won’t enforce a rule that would require public disclosure of financial results when the number of equity holders hits 500 and the assets total more than $10 million because the only class likely to be affected covers employee equity granted through restricted stock units (RSUs). The RSUs won’t be issued unless the company changes hands or launches an IPO. The SEC’s promise of no action—the equivalent of an exemption—was issued last month following a letter from Facebook law firm Fenwick & West in anticipation that Facebook could hit the 500 mark for employees with equity. The exemption wouldn’t cover the company’s common stock or preferred stock for Series A, B, & D, which involve investors or a mix of employees and investors.

SEE ALSO: With No IPO On Horizon, Facebook And LinkedIn Let Employees Sell Some Shares Early: Report

If this sounds familiar, Google’s decision to go public in 2004 was attributed to this SEC requirement. As Keith Higgins, an attorney not connected with Facebook, told BW: “This really obviates the pressure that Google (NSDQ: GOOG) might have felt.” It also provides Facebook the flexibility to keep using equity as a lure for new employees.

Nov 24, 2008 2:19 AM ET

Posted In: Legal, Regulatory, Money, Companies, Facebook, sec

(Page 1 of 1)


The Bestsellers

From iTunes and YouTube to Facebook and Kindle, the most popular content on the web, free and paid.

iTunes TV Shows iTunes TV Shows
1. The Back Up Dan
2. Sweetie Pies & Sweaty Palms
3. Guy Hastings
4. The Burning Beekeeper
5. The Naked Truth
See The Other Bestsellers »

Jobs RSS Job Listings

Social Standing

Which media brands are getting a lift from Tweeters and bloggers right now -- and which are getting panned?

"Sentiment" Scores for All the Companies »

Sponsors

Staff