Cheap Stock When insiders have invested in the company within three years before the public offering, the amount they paid will be compared with the offering price to the public. A big difference raises the cheap shares issue, which must be dealt with satisfactorily for the public offering to be cleared through SEC and state blue sky laws. A NASAA Statement of Policy defines "cheap stock" and provides for their escrow as a condition to qualify the public offering in some states. While in escrow the shares cannot be traded. Release from escrow is typically conditioned upon meeting a three-year earnings-per-share test equal to 5 percent of the public offering price, a three-month period of trading at 175 percent of the offering price, or six to nine years after the offering.
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