Encouraging Public Offerings Act of 2023
Where it stands
- Introduced4/20/23
- Passed HousePassed 6/5/23
- Senate
- President
- Law
Passed the House 384–13 on June 5, 2023 (Roll Call 245 →). Received in the Senate on June 6, 2023. No Senate action since.
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Roll calls on this bill
- Democratic185 Yea · 13 Nay · 14 Not voting
- Republican199 Yea · 0 Nay · 22 Not voting
- Independent / Other0 Yea · 0 Nay · 0 Not voting
Encouraging Public Offerings Act of 2023
This bill provides statutory authority for all issuers of securities to use certain offering procedures that are available to emerging growth companies.
Specifically, the bill allows under statute issuers of securities to communicate with potential investors to ascertain interest in a contemplated securities offering, either before or after the filing of a registration statement (i.e., test the waters).
Additionally, issuers are allowed under statute to submit a confidential draft registration statement to the Securities and Exchange Commission (SEC) for review prior to public filing or within one year after the initial public offering or registration (i.e., a follow-on offering).
If the SEC pursues further rulemaking to related to these provisions, the SEC must submit a report to Congress supporting the basis of the rulemaking.
4
4/20/23
What happens next
The Senate must pass the same text, then it goes to the President.
If it isn't enacted by Jan 3, 2025, it expires when the 118th Congress ends.
All actions (15)
- 4/20/23Introduced in House
- 4/20/23Referred to the House Committee on Financial Services.
- 4/26/23Committee Consideration and Mark-up Session Held.
- 4/26/23Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 38 - 1.
- 6/5/23Reported (Amended) by the Committee on Financial Services. H. Rept. 118-90.
- 6/5/23Placed on the Union Calendar, Calendar No. 67.
- 6/5/23Mrs. Wagner moved to suspend the rules and pass the bill, as amended.
- 6/5/23Considered under suspension of the rules. (consideration: CR H2727-2729)
- 6/5/23DEBATE - The House proceeded with forty minutes of debate on H.R. 2793.
- 6/5/23At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- 6/5/23Considered as unfinished business. (consideration: CR H2731)
- 6/5/23Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 384 - 13 (Roll no. 245). (text: CR H2727-2728)
- 6/5/23On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 384 - 13 (Roll no. 245). (text: CR H2727-2728)
- 6/5/23Motion to reconsider laid on the table Agreed to without objection.
- 6/6/23Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.