by John F. Olson, Ronald O. Mueller, Brian J. Lane, Amy L. Goodman & Casper Partovi
Originally published on November 11, 2002
One little-noticed provision included in recent rules adopted by the SEC may impact companies that do not provide access to their SEC filings through company websites. The provision becomes effective this Friday, November 15, 2002. The new provision will require disclosures by many companies filing Forms 10-K for fiscal years ending on or after December 15, 2002.
The rule, adopted in SEC Release No. 33-8128,1 requires companies that are subject to the accelerated filing requirements for Forms 10-K and 10-Q – generally, companies that are eligible to use Form S-32– to disclose in any Form 10-K filed for a fiscal year ending after December 15, 2002 whether they provide access to their SEC filings through their website. Specifically, under new Item 101(e) of Regulation S-K, each such company must disclose:
