Form 10 Drafting

This practice note discusses Form 10 drafting requirements and best practices. Form 10 is a long-form registration statement used to register a class of securities under Section 12 (15 U.S.C. § 78l) of the Securities Exchange Act of 1934 (Exchange Act). A company must register a class of securities under Section 12(b) to list them on a national securities exchange. or a class of its equity securities under Section 12(g) if, as of the last day of its fiscal year, the securities are held by more than the threshold number of record holders set forth in Section 12(g) and the company has total assets exceeding $10 million.