When Are Amendments to Form D Required?
The new rules clarify that amendments to Form D are required: • to correct a material error or mistake of fact; • to provide an update annually, on or before the anniversary of the filing of the Form D or most recently filed amendment to the Form D, if the offering is continuing at that time; and • to reflect a material change in information previously filed. The following information DOES NOT require an amendment:: • termination of the offer; • change in the address or relationship of a related person; • change in the issuer’s revenues or aggregate net asset value (if the issuer has opted to report this information); • an increase in the minimum investment amount, or a decrease of less than 10% from the original minimum investment amount; • change in any address or state(s) of solicitation of a recipient of sales compensation; • a decrease in the total offering amount, or an increase of less than 10% from the original offering amount; • change in the amount of securities sold or remai
