Preparing to Raise Capital in Volatile Markets Using a Shelf Registration

Exclusive Interview with

Anna T. Pinedo, Morrison & Foerster LLP

10K_31910In  today’s volatile market, companies are under increased pressure to time their capital-raising needs with changes in the market.  One of the more effective ways for public companies to approach this challenge, says Morrison & Foerster’s Anna Pinedo is through a shelf registration – often referred to as a short-form registration statement – a type of registration statement that an issuer can use to register for sale publicly any combination of securities for sale at some future time.

According to Ms. Pinedo, who works closely with financial institutions to create and structure innovative financing techniques, “if an issuer has a shelf and it’s effective, an issuer then has maximum advantage in terms of when it can decide to do a deal.”

In an Exclusive LegalMinds.TV interview filmed at the NASDAQ MarketSite, Pinedo discusses some of the key considerations and requirements in filing a shelf registration, including eligibility requirements, timing, market perceptions, and recent regulatory changes.

“In terms of our best advice to clients, it’s always to be prepared and to be well-positioned to take maximum advantage of market windows,” says Pinedo.  “And the best way to do that is by having a shelf up, by keeping a shelf current, and to make sure that all of its SEC filings are submitted in a timely way so that the company doesn’t become ineligible to use a shelf registration statement.”

View and download a PDF transcript of the full interview here.  (Coming soon.)

VIDEO SECTIONS (Click link to advance video to specific topic.)



Anna T. Pinedo
Partner, Morrison & Foerster LLP

Anna Pinedo has concentrated her practice on securities and derivatives. She represents issuers, investment banks/financial intermediaries, and investors in financing transactions, including public offerings and private placements of equity and debt securities, as well as structured notes and other structured products.

Ms. Pinedo works closely with financial institutions to create and structure innovative financing techniques, including new securities distribution methodologies and financial products. Ms. Pinedo has particular financing expertise in certain industries, including working with technology-based companies, telecommunications companies, healthcare companies, financial institutions, REITs and consumer finance companies. Ms. Pinedo has worked closely with foreign private issuers in their securities offerings in the United States and in the Euro markets. She also has worked with financial institutions in connection with international offerings of equity and debt securities, equity- and credit-linked notes, and hybrid and structured products, as well as medium-term note and commercial paper programs.

In the derivatives area, Ms. Pinedo counsels a number of major financial institutions acting as dealers and participants in the commodities and derivatives markets. Ms. Pinedo advises on structuring issues, as well as on regulatory issues, monetization, and hedging techniques. Her work focuses on foreign exchanges, equity and credit derivatives products, and structured derivatives transactions. Ms. Pinedo has experience with a wide range of transactions and structures, including collars, swaps, forward and accelerated repurchases, forward sales, hybrid preferred stock, equity- and credit-linked notes, and off-balance sheet structures. Ms. Pinedo also has advised derivatives dealers regarding their Internet sites and other Internet and electronic signature/delivery issues.


Capital Markets
Banking & Financial Services


New York


Georgetown University (BSFS, 1990)
University of Chicago Law School (J.D., 1993)


1290 Avenue of the Americas
New York, NY  10104
(212) 468-8179
[email protected]

To see a full bio, visit:


Frequently Asked Questions about Shelf Registration Offerings,” Updated 2010

SEC Proposes to Relax Restrictions on ‘Wall-Crossed’ WKSI Offerings,” January 4, 2010 – by Anna T. Pinedo, David M. Lynn, Lloyd S. Harmetz and Nilene R. Evans

Upcoming Expiration of Shelf Registration Statements: Avoiding a Blackout Period,” August 25, 2008 – by Anna T. Pinedo, David H. Kaufman, Lloyd S. Harmetz and Elise Kim


We are Morrison & Foerster—a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, Fortune 100, technology and life science companies. We’ve been included on The American Lawyer’s A-List for seven straight years, and Fortune named us one of the “100 Best Companies to Work For.” Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.

For additional information, visit:


Other Morrison & Foerster LLP Featured Video Interviews:

Share Repurchase Considerations
David M. Lynn and David H. Kaufman, Partners, Morrison & Foerster LLP

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Hybrid Financing: Certain Ideas for Uncertain Times
James Tanenbaum, Chair of Morrison & Foerster’s Global Capital Markets practice

Click image to view the video.

Preparing to Raise Capital in Volatile Markets Using a Shelf Registration
Anna T. Pinedo, Partner, Morrison & Foerster LLP

Click image to view the video.

“Say on Pay” and Other Issues for the Upcoming Proxy Season
David M. Lynn, Partner and Chair of Public Companies and Securities Practice, Morrison & Foerster LLP

Click image to view the video.


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