Share Repurchase Programs


Summary

This practice note discusses ways in which public companies may buy back their shares (i.e. engage in share repurchases). Share repurchases may be done through one or a combination of distinct types of transactions, such as purchases of shares in the open market, an "issuer self-tender offer" in which the company makes a tender offer to existing shareholders for a portion of its outstanding shares, privately negotiated share repurchases and accelerated share repurchase programs through an investment banking firm. As discussed in this practice note, share repurchase programs require compliance with numerous regulations of the U.S. Securities and Exchange Commission (SEC), as well as compliance with listing requirements of stock exchanges and state corporate law requirements. In light of the numerous compliance considerations described below, the establishment of a share repurchase program should involve legal counsel, accountants, financial advisors and a brokerage firm or investment ...