Bally’s attempt to raise $250 million from minority investors for Chicago’s first casino has hit a regulatory roadblock. The U.S. Securities and Exchange Commission (SEC) has yet to approve the initial public offering (IPO), forcing the company to refund deposits and put its fundraising plans on hold.
IPO Delay Disrupts Bally’s Minority Ownership Commitment
Bally’s IPO was designed to meet Chicago’s requirement for 25% minority ownership in its upcoming $1.7 billion casino and entertainment complex. However, the offering, which began in January, failed to close on schedule in February. The SEC did not declare the registration effective before Bally’s financial statements became outdated, invalidating the prospectus.
Bally’s Chairman Soo Kim expressed frustration over the SEC’s silence. “It was disappointing for the SEC to not respond,” Kim said Thursday. “We’re going to come back. We’re going to update our financials and resubmit, but we don’t know why they didn’t respond the first time, and they may not respond the second time.”
Refunds Issued as Investors Wait for New Offering
With the IPO stalled, Bally’s was left with no choice but to return funds to minority investors who had committed capital. The offering was structured to allow women and minority investors to buy into the project with shares priced between $250 and $25,000.
The company now plans to update its financial statements and refile with the SEC in March. The goal is to relaunch the IPO and secure the minority ownership participation required under its agreement with the city.
One investor who had participated in the IPO expressed disappointment over the delay. “I was excited to be part of this project, and now we’re just waiting to see if it even happens,” they said.
SEC’s Silence Leaves Unanswered Questions
The SEC has not publicly commented on why it did not approve Bally’s registration before the financial statements expired. This lack of communication leaves Bally’s and its investors in limbo.
While delays in IPO approvals are not unusual, particularly for complex offerings involving regulatory commitments, the lack of clarity on Bally’s application raises concerns about whether the SEC sees potential issues with the structure of the offering.
For now, Bally’s must wait and hope that a resubmission in March clears the regulatory hurdle.
Federal Lawsuit Adds Another Layer of Uncertainty
Complicating matters further is an ongoing federal lawsuit challenging Bally’s IPO structure. The lawsuit, filed by opponents who claim the investor restrictions discriminate against white men, sought to block the IPO.
A Chicago federal judge denied an injunction against the offering earlier this month, but the broader legal battle continues. If the court ultimately sides with the plaintiffs, Bally’s may have to revise its approach to minority investment altogether.
While Bally’s remains committed to its Chicago casino project, this combination of regulatory and legal challenges could slow progress significantly. The company, investors, and city officials will be watching closely as the situation unfolds.