When a submitted piece is selected with essays for verification, the General Staff sends a letter to the company requesting a copy of the unpublished version of the exhibition, which is marked to highlight the edited information. In order to prevent unre-converted agreements from becoming a matter of public registration, companies should comply if there are just the delivery instructions in the staff letter. In order to prevent the accidental disclosure of confidential information, companies should not seek to justify the reasons for writing at this initial stage or to provide another substantial response to the staff when responding to unpublished exposure requests. However, companies should expressly request (i) the confidential treatment of untreated exposure, in accordance with Rule 83 of the Dry Information and Requests Regulation5, which will help protect information from disclosure while held by staff and (ii) the restitution or destruction of unprocessed exposure (and other additional documents) in accordance with Rule 418 of the Securities Act or Rule 12b-4 of Securities Act. In addition, companies, even if they are not necessary, should consider documenting the legal and actual basis of these draftings. This supports a company`s controls and disclosure procedures and prepares it for all subsequent requests for written assistance as part of a staff compliance check, as explained below. In addition, companies should take steps to avoid disclosure of published terms, because public disclosure could require a company – unintentionally or otherwise – to submit to the SEC a revised version of the exhibition containing publicly available information. For example, companies should protect unpublished copies of agreements and consult with parties, particularly those with their own SEC or other public notification obligations, to ensure that other public versions of the agreement are rewritten in a consistent manner. Companies can provide confidential information from versions of agreements that are presented in the form of exhibitions containing regular reports and registration declarations, 2 When presenting an edited exhibition, companies must meet the following requirements: most companies will no longer comply with the procedure of processing confidential applications in accordance with Rules 406 and 24b-2. I left him.
- 16 décembre 2020
- Non classé