The SEC Division of Corporation Finance amended disclosure guidance (Topic No. 7, the "CF Disclosure Guidance") for companies with confidential treatment orders that are approaching expiration. The CF Disclosure Guidance addresses the application process for companies to use to object to the public release of information otherwise required to be filed under the Securities Act and the Securities Exchange Act.
In the amended guidance, Division staff stated that a company with an expiring confidential treatment order may, to the extent a contract remains material:
- refile the unredacted exhibit;
- request an extension pursuant to SA Rule 406 ("Confidential Treatment of Information Filed with the Commission") or SEA Rule 24b-2 ("Nondisclosure of Information Filed with the Commission and with any Exchange"); or
- if more than three years have passed since the issuance of the initial confidential treatment order, transition to compliance with Regulation S-K Item 601(b)(10) and related rules.
Primary Sources
- SEC Press Release: Disclosure Guidance Updated - Expiring Confidential Treatment Orders
- SEC Guidance: Confidential Treatment Applications Submitted pursuant to Rules 406 and 24b-2
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.