On October 13, 2023, the Securities and Exchange Commission (the "SEC") adopted Rule 13f-2 and related Form SHO pursuant to the Securities Exchange Act of 1934. Rule 13f-2 requires that any party meeting the definition of "institutional investment manager" (a "Manager") file reports with respect to a security if the short sale position in that security exceeds certain thresholds. Previously, a reporting Manager's initial Form SHO report was required to be filed via the EDGAR system by February 14, 2025 for the January 2025 monthly reporting period.
On February 7, 2025, the SEC provided a temporary across-the-board exemption from compliance with Rule 13f-2 and from the requirement to file Form SHO. As a result of the exemption, the initial Form SHO filing will now be due by February 17, 2026 for the January 2026 reporting period.
For further information on Rule 13f-2 and the related Form SHO, please consult our October 22, 2024 Foley Adviser or contact a member of Foley Hoag's Private Fund practice.
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