II Calendar No. 225 112th CONGRESS 1st Session H. R. 2940 IN THE SENATE OF THE UNITED STATES November 7, 2011 Received; read the first time November 8, 2011 Read the second time and placed on the calendar AN ACT To direct the Securities and Exchange Commission to eliminate the prohibition against general solicitation as a requirement for a certain exemption under Regulation D.

1.

Short title

This Act may be cited as the Access to Capital for Job Creators Act.

2.

Modification of exemption

(a)

Removal of restriction

Section 4(2) of the Securities Act of 1933 (15 U.S.C. 77d(2)) is amended by adding before the period the following: , whether or not such transactions involve general solicitation or general advertising. (b)

Modification of rules

Not later than 90 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise its rules issued in section 230.506 of title 17, Code of Federal Regulations, to provide that the prohibition against general solicitation or general advertising contained in section 230.502(c) of such title shall not apply to offers and sales of securities made pursuant to section 230.506, provided that all purchasers of the securities are accredited investors. Such rules shall require the issuer to take reasonable steps to verify that purchasers of the securities are accredited investors, using such methods as determined by the Commission.

Passed the House of Representatives November 3, 2011. Karen L. Haas, Clerk November 8, 2011 Read the second time and placed on the calendar