How is market capitalization defined?
Answer Market capitalization is the aggregate market value of common equity calculated for Form S-3 eligibility (General Instruction I.B.1 of that form), with two exceptions. First, market capitalization includes common equity held by both affiliates and nonaffiliates. Second, the determination is made as of January 28, 1997, rather than the 60 day period before the filing. Question 5.Must a nonbank or nonthrift company that has no public common equity outstanding at January 28, 1997, such as a first time company or a company with only public debt securities outstanding, comply with the new rule before it files audited financial statements for a fiscal year ending after June 15, 1998? Answer No. Question 6.Must a foreign private issuer with common equity held by public shareholders outside the U.S. comply with the new rule before it files audited financial statements for a fiscal year ending after June 15, 1998, if it has no common equity listed in the U.S. at January 28, 1997? Answer
