SEC Announces Increase in Registration Fee Rates Effective October 1, 2023

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Wilson Sonsini Goodrich & Rosati

 

On August 25, 2023, the U.S. Securities and Exchange Commission (SEC) announced an increase in the fees that public companies and other issuers will be required to pay to register their securities, from $110.20 per million dollars to $147.60 per million dollars. This new fee rate will be effective October 1, 2023, and is applicable to the registration of securities under Section 6(b) of the Securities Act of 1933, the repurchase of securities under Section 13(e) of the Securities Exchange Act of 1934, and proxy solicitations and statements in corporate control transactions under Section 14(g) of the Securities Exchange Act of 1934. From and after October 1, 2023, any fee calculation materials will need to be updated to reflect this new fee rate including, for example, any materials (e.g., Excel worksheets) used to calculate the fee amount for registering the offer and sale of additional shares on a Form S-8 or of company securities for a follow-on offering on a Form S-3.

For more information on this annual rate adjustment and calculating filing fees under SEC rules, please see the Order and the EDGAR Filer Manual (Chapter 4).

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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