[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8222 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8222
To amend the Securities Act of 1933 to automatically approve offering
statements filed with the Securities and Exchange Commission in
connection with certain securities issued under Regulation A tier 2,
and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
May 2, 2024
Mr. Barr introduced the following bill; which was referred to the
Committee on Financial Services
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A BILL
To amend the Securities Act of 1933 to automatically approve offering
statements filed with the Securities and Exchange Commission in
connection with certain securities issued under Regulation A tier 2,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulation Advancement for Capital
Enhancement Act of 2024'' or the ``RACE Act of 2024''.
SEC. 2. OFFERING OF SUBSTANTIALLY SIMILAR SECURITIES.
Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is
amended by adding at the end the following:
``(6) Offering of substantially similar securities.--
``(A) In general.--With respect to a person who has
issued a class of securities (whether preferred,
common, or convertible securities) exempted under
paragraph (2) and has filed an offering statement with
the Commission with respect to such class that was
approved by the Commission, an offering statement filed
with the Commission in connection with an additional
class of securities issued by the person and exempted
under paragraph (2) shall be deemed approved by the
Commission upon filing, if--
``(i) the securities in the additional
class are substantially similar to, and have
predefined characteristics in common with, the
securities in the original class;
``(ii) the offering amount of each such
class is less than $5,000,000; and
``(iii) the aggregate offering amount of
the securities in all such additional classes
that are offered and sold within the prior 12-
month period in reliance on the exemption
provided under this paragraph does not exceed
the dollar limit provided for the aggregate
offering amount for securities that are offered
and sold within the prior 12-month period in
reliance on the exemption provided under
paragraph (2).
``(B) No requirement to have the same nature or
terms.--For purposes of subparagraph (A)(ii), a
security can be substantially similar to another
security without having the same nature or terms.''.
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