The Jumpstart Our Business Startups (JOBS) Act of 2012 provides an exemption from registration of securities. The related rules issued by the SEC are known as Regulation A. Under these rules, which of the following is not an exempt offering?
A. An offering of $18 million is made within 12 months, the issuer tests the waters with advertisements, and investors include 85 who are nonaccredited.
B. An offering of $22 million is made within 12 months, each purchaser receives an offering statement, and sales may be made without approval of the offering statement by the SEC.
C. An offering of $28 million is made within 12 months, periodic filings are required, and the registration requirements of state securities laws do not apply.
D. An offering of $15 million is made within 12 months, the number of investors is unlimited, and the issuer makes the required filing of financial statements for the last 2 fiscal years.
Answer: B. An offering of $22 million is made within 12 months, each purchaser receives an offering statement, and sales may be made without approval of the offering statement by the SEC.
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