SEC Provides Guidance on Electronic Filing Issues for Investment Company Registrants June 2006
Relevant Industry Group:
Mutual Funds & Investment Advisers
The SEC's Division of Investment Management (the "Division") issued a notice, dated June 5, 2006 (http://ftp.sec.gov/info/edgar/ednews/imedgarpac.htm), discussing the procedural issues affecting EDGAR filings by investment company registrants, that includes among other things:
(a) What can and cannot be corrected after an EDGAR filing has been accepted,
- The SEC can change a limited number of EDGAR submission types but not where the types do not have the same technical characteristics;
(b) How to request post-acceptance corrections,
- The filer (not the filing agent) prepares a "sufficient request," which must be made via EDGAR CORRESP submission.
(c) Filing under the wrong CIK,
- A filing under the wrong CIK is a filing for the wrong entity and cannot be corrected post-acceptance. The filer should immediately refile under the correct CIK.
(d) Duplicate filings,
- The Division does not make post-acceptance corrections with respect to "duplicate" submissions.
(e) Filings with wrong or missing series or class (contract) identifiers,
- The Division does not make post-acceptance corrections with respect to series and class (contract) identifiers.
(f) Withdrawal of filings, and
- To withdraw an incorrect initial filing, the company will need to submit a registration statement withdrawal letter under EDGAR submission type "RW."
- To withdraw an incorrect amendment filing, the company will need to submit an amendment withdrawal letter under EDGAR submission type "AW."
(g) Filing date adjustment requests.
- The Division will not grant a request for a filing date adjustment until the filer prepares a "sufficient request."
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