SEC Staff Issues FAQs Pertaining To Its Order Extending Certain Filing Deadlines

Introduction

On May 4, 2020, the staff of the SEC's Division of Corporation Finance released four FAQs to address issues arising under its March 25, 2020 exemptive Order, which extended certain filing deadlines for companies impacted by COVID-19. The FAQs are described below.

Compliance with the Order

To take advantage of an extended filing deadline under the Order, a registrant must make the following prescribed disclosures in a Form 8-K (or Form 6-K, if applicable) filed no later than the original due date of the report, schedule or form (Form) to be filed on a delayed basis¹ and in the Form when filed.

In the Form 8-K (or 6-K), the registrant must disclose: (1) that it is relying on the Order; (2) a brief description of the reasons why the registrant could not file the subject Form on a timely basis; (3) the estimated date by which it expects to file the Form; and (4) a company-specific risk factor(s) explaining the impact, if material, of COVID-19 on the