Yes, issuers can file multi-issuer Forms D in EFD. However, please note that while the SEC allows the filing of a single Form D with multiple issuers, some states have specific requirements for an offering with multiple issuers and may require the filing of additional Forms D and/or payment of additional filing fees.
The following states may require additional forms and fees:
- California - California requires all Form D notice filings listing multiple issuers to be filed outside of the EFD System. The state requires each Issuer selling in California to file its own Form D and pay a separate $300 filing fee. For more information, see https://docqnet.dfpi.ca.gov/
- Idaho - Idaho requires all Form D notice filings listing multiple
issuers to file a New Notice for each Issuer on a Form D and pay a separate $50
filing fee if they have sold securities in Idaho.
- New Hampshire
- New Mexico
- North Dakota
- Puerto Rico
- South Dakota
- U.S. Virgin Islands
- Washington, DC
Consistent with this guidance, you may wish to contact the regulator in any state you intend to make a multi-issuer filing in.