Mr. Speaker, I thank the chair of the Subcommittee on Capital Markets, Mrs. Wagner, for leading our committee Republicans' capital formation agenda on the Financial Services Committee. She has done a fantastic job. I thank the Members of…
Mr. Speaker, I thank the chair of the Subcommittee on Capital Markets, Mrs. Wagner, for leading our committee Republicans' capital formation agenda on the Financial Services Committee. She has done a fantastic job.
I thank the Members of the minority party for joining with us in passing some of these important bills.
By the end of today, we will haved passed 11 of those bills through the House of Representatives in the last 2 weeks. I thank the Members for their work there.
Mr. Speaker, I rise in support of H.R. 2608. This bill clarifies the periods for which financial statements are required to be provided by an emerging growth company.
Now, an emerging growth company is an important provision of the JOBS Act of 2012. These are smaller companies that are growing rapidly, and the idea here is we want them to be able to access the public markets more quickly.
Now, let me stop here. It is a real pleasure to spend time on the House floor getting back to the policy that I am most steeped in and most interested in and, quite frankly, thrilled that I am not talking about the debt ceiling. Thank you for your indulgence there.
This important provision of the JOBS Act, called the emerging growth company piece of the JOBS Act, has this designation of an IPO on-ramp. The idea here is these are smaller revenue companies, and in their growth, we want them to be able to get to the public markets as quickly as they can.
Emerging growth companies are given a 5-year ramping period in the public markets to comply with a lot of regulatory requirements that public companies are obligated to comply with.
The goal here was to have an accommodation to have more companies go public here in the United States, and it has worked. This was title I of the JOBS Act. The success of this provision was as a direct result of it being self-executing. We wrote the law, and instantly, that day, people started using the statute.
Within the first 2 years of enactment of the JOBS Act, emerging growth companies resulted in 85 percent of all U.S. IPOs. Additionally, this specific accommodation for 2 years of audited financial statements was utilized by 65 percent of emerging growth companies within the first 2 years of the JOBS Act.
Despite the success of the JOBS Act IPO on-ramp, there are clarifications Congress should make to maximize the utility of these provisions. For example, there are instances where an emerging growth company, or a company that qualifies as such during its initial public offering, must provide financial statements for periods earlier than 2 years.
The first instance is when an emerging growth company acquires a significant business. The emerging growth company must present 3 years of financial statements, even though the post-merger company also qualifies as an emerging growth company. This is kind of a wonky failure of the statute.
The second instance is when a company qualifies as an emerging growth company during its IPO but later tries to conduct a follow-on offering to raise capital after it loses its emerging growth company status. In such instances, the company would also be required to provide 3 years of financial statements.
This bill updates emerging growth company financial reporting accommodations to clarify that an emerging growth company, as well as any company that qualifies as such, when it is conducting its initial public offering, does not need to provide financial statements for a period earlier than 2 years, which is required during the emerging growth company's initial public offering. That is a lot of words.
This update will increase efficiency by ensuring that these companies will be able to consistently rely on the JOBS Act's scaled financial reporting requirement accommodation. It will eliminate an aberrational result that actually has been shown to require burdensome and unnecessary financial reporting obligations.
This bill clearly establishes that an emerging growth company will not be required to provide audited financial statements for any period earlier than 2 years, including in those instances I mentioned that were not previously addressed in the original JOBS Act.
Mr. Speaker, after 11 years of the JOBS Act, this particular section of the JOBS Act has shown that it has been wonderfully successful. We have more IPOs using the statute than any other change in security laws we have made as a Congress in recent memory. That is a great success.
We want to update that existing statute, and we are doing so in a bipartisan way. That should be a welcome sign for Congress, that we can do complicated things in a bipartisan way. That is what we are here to do.
Mr. Speaker, I urge my colleagues to vote ``yes.''