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Wednesday, 11/24/2021 4:56:06 AM

Wednesday, November 24, 2021 4:56:06 AM

Post# of 172221
Question: Can a company that files a Section 12(g) registration statement on Form 10, Form 20-F, or Form 8-A delay the effectiveness of the registration statement to a date after the 60-day period specified in Section 12(g)?

Answer: No. A registration statement on Form 10, Form 20-F, or Form 8-A to register a class of equity securities under Section 12(g) becomes automatically effective 60 days after the date of filing. A company cannot seek to delay the automatic effectiveness of such registration statement. The only way to DELAY OR PREVENT effectiveness is to withdraw the Section 12(g) registration statement before the effective date. Such a withdrawal, however, is not permitted for a company that is required to register a class of equity securities under Section 12(g). [September 30, 2008]

I find this interesting. This article by the SEC implies that it can be either delayed or prevented from becoming effective. If delayed this would imply a delay only until the correct form 10 has been resubmitted. Very good news if correct.

Link: https://www.sec.gov/divisions/corpfin/guidance/exchangeactsections-interps.htm