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Emerging Growth Companies in 2012: A brief retrospective

January 9, 2013

Since the JOBS Act was signed into law on April 5, 2012, instantly giving the term “Emerging Growth Company” a specific legal meaning, more than 700 companies have embraced that label — along with the looser regulatory burden it offers.  Now that we’ve closed the books on 2012, we can make a few quick observations on the data:

  • The total number of companies declaring EGC status in 2012 stands at 705.  Prominent EGCs include, Restoration Hardware, Shutterstock, Manchester United PLC, and Fender Musical Instruments Corp.
  • Of those 705 companies, 31 took advantage of the new “Test the Waters” provision of the JOBS Act in which EGCs are allowed to initially file IPOs confidentially.
  • About 12% of all EGCs from 2012 are blank check companies.  (Many have argued that blank check companies taking advantage of EGC status is counter to the JOBS Act’s goal of creating jobs; read more here.)
  • About 15% of EGCs are headquartered outside the US – increasing the likelihood, one would assume, that any job creation to come out of the new business would also be centered outside our borders.
  • About 7% of EGCs are incorporated outside the US, some in offshore tax havens such as the Cayman Islands, the British Virgin Islands, Bermuda, Luxembourg, and the Isle of Man.

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