Choose the exemption before the message
The rules for public communications differ across offerings. Rule 506(b) does not permit general solicitation. Rule 506(c) permits it with accredited-purchaser and verification requirements. Reg CF and Reg A have their own communications frameworks. Posting publicly and deciding the exemption afterward can create problems that better copy alone cannot solve.
Review each communication stage
Ask counsel what may be said before filing, during testing the waters, after qualification where relevant, and while the offering is open. For Reg CF, off-platform notices that include offering terms are constrained by specific rules. Use the intermediary’s process for substantive discussion and ensure required legends and links are included where applicable.
Keep claims evidence-backed
Document the basis for revenue, customer, market and product claims. Label projections clearly and explain material assumptions and risks. Do not describe SEC filing or qualification as government approval of an investment. Avoid unsupported statements about likely returns, guaranteed liquidity or what a future acquisition or listing will deliver.
Manage paid promotion and approvals
Identify compensated promoters and required disclosures. Keep a review log for ads, emails, founder posts, webinars and updates. Establish who may speak for the company and how questions are escalated. Review compensation arrangements with counsel, especially when a service involves soliciting investors or compensation tied to transactions.
Put it into practice
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General education, not individualized investment, legal or tax advice. Rules, eligibility and product terms can change. Confirm the requirements for your company with qualified professionals.