Recently, the SEC adopted technical amendments for self-executing provisions of the JOBS Act—mostly relating to EGCs.
One important update that impacts virtually all companies is the update related to amending the cover pages for numerous filings. Broadly speaking, the cover page has been revised to include a “check the box” item to indicate that the person filing the report is an “emerging growth company” and an additional box to check as follows: “If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 7(a)(2)(B) of the Securities Act.”
The rule is effective on the date it is published in the Federal Register, which was today (April 12, 2017). As of the time writing this post, the SEC forms on its public website haven’t been updated, but we understand that new forms should be posted soon.
The adopting release can be found here, see beginning on page 31 for the form updates.
Attached are examples of Forms 10-K, 10-Q and 8-K cover pages (as of April 2017).
If you have any questions regarding any of the topics covered in this blog post, please feel free to contact a member of our Corporate & Securities practice group or, if applicable, contact your primary Bass, Berry & Sims relationship attorney.