All of a company's common shareholders may receive preemptive rights from a U.S. company. but federal law does not require this. The company charter will specify whether such rights are recognized.
A subscription warrant that entitles the shareholder to purchase a certain number of shares in a new issue, typically in proportion to their current ownership percentage, may also be issued to the shareholder.
Which Rights Are Preemptive?
Shareholders with preemptive rights can acquire additional shares of a company's common stock before they are made available to the general public in any subsequent issue. This right is a clause in a contract that is usually only available in the United States to early investors in a company that just went public or to majority owners who want to keep their stake in the company when and if more shares are issued.
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