After
Facebook Inc(NASDAQ:FB)’s stock fell following its IPO in May, an inquiry was
made by the Securities and Exchange Commission to ensure that no information
was withheld from investors, but the social network is apparently clean of any
such charge. The probe is still on and IPO-related issues are being analyzed
such as brokers providing misleading information to retail investors or
Facebook bankers not being transparent enough to analysts about mobile
applications.
John Coffee of Columbia University
Law School
states that plaintiffs are stressing that analysts were demeaning Facebook
before the IPO as selective disclosures were being made regarding mobile apps.
Facebook’s statement does not contain any such fact that alludes to issues with
mobile apps, so a material proof will be needed.
Assistant Director Barbara Jacobs,
head of the SEC disclosure team, asked Facebook a couple of months before the
offering, to state clearly about its plans to earn money through mobile
customers and also the figure that they make per user. Facebook was asked to
eradicate all false statements regarding its appeal advertisers.
Securities-firm analysts were
instructed in private by Facebook some days before the offering that they
should reduce earnings and profit predictions due to the dismal revenue from
mobile customers. In fact, a disclosure in early May reported that the growth
rate of users was higher than advertising delivered to them. If the social
network had given a generalized view to analysts, then there is nothing wrong
with it, but asking analysts to predict according to a particular trend or data
might raise issues.
There are certain restrictions
governing the information that Facebook can share with analysts. According to
SEC rules, data on sales, ads that they’ve previously shared with consultants
or reporters, business strategies without inside information etc. are some of
the facts that can be shared as they don’t predict future trends or forecasts.
Currently, the Senate Banking Committee is also involved and has been in
discussions with parties like Facebook, Nasdaq, Morgan Stanley, and the SEC.
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