SEC Announcements On Confidential Treatment Requests And Glossy Annual Reports

The SEC Division of Corporation Finance has recently posted two Division Announcements:

  • As of April 9, 2014, in cases where the SEC staff has determined to grant a request for confidential treatment without providing comments, the staff will no longer separately notify the applicant in connection with issuing an order.  The SEC will continue to post the orders through EDGAR.  An applicant can determine if the staff has granted its application and issued an order without providing comments by reviewing the company’s filing history on EDGAR.
  • Regulation S-T allows companies to send glossy annual reports to the SEC in electronic format via EDGAR or in paper form.  Because of formatting difficulties, most companies choose to mail the seven paper copies to the SEC.  In recent years, the staff  has scanned paper copies of the glossy annual reports received by mail and posted them with the companies’ other filings via the EDGAR facilities on the SEC web site.  In an effort to reduce costs and simplify administrative processes, and in light of the availability of these annual reports on other web sites, the staff has determined to discontinue this practice.

You can find the announcements here and here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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