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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."