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Tuesday, February 09, 2010 6:14:41 PM
Here is the link to the full document.
http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_02-04-03.pdf
As you can see, due to the Sarbanes-Oxley Act of 2002, there are strict requirments regarding the release of financial information.
Here is a link with more information on form 8-K requirements. The second link is a link to the actual form in case anybody here wants to see just how much work is involved if the company wants to release a PR containg sales figures.
http://www.sec.gov/answers/form8k.htm
http://www.sec.gov/about/forms/form8-k.pdf
SEC Issues Final Rule on Furnishing Earnings
Announcements to the SEC and on Using Pro Forma
Financial Information Generally
(Effective March 28, 2003)
On January 15, 2003, the SEC adopted a final rule designed to implement Section 401(b), and
to begin to implement Section 409, of the Sarbanes-Oxley Act of 2002. The complete text of
this rule can be found at www.sec.gov/rules/final/33-8176.htm.
Beginning March 28, 2003, public companies must:
?? furnish a Form 8-K within five business days after issuing any press release or other disclosure about the company’s quarterly or annual financial results that contains material nonpublic information; and
?? comply with new conditions for the use of financial measures that are not calculated or presented in accordance with GAAP (i.e., pro forma financial information).
I. Furnishing Earnings Releases and Other Financial Announcements on Form 8-K
The SEC’s new rule requires public companies to furnish a current report on Form 8-K to report earnings and similar information.
What triggers the new Form 8-K requirement?
The Form 8-K is required whenever a public company makes any public announcement, or issues a press release, disclosing material nonpublic financial information regarding its results of operations or financial condition for a completed quarterly or annual fiscal period. Releasing additional or updated material
nonpublic financial information regarding a completed fiscal year or quarter triggers an additional Form 8-K obligation. Repeating financial information that was previously made public does not trigger the need for a Form 8-K, even if the repeated information is in a different form (e.g., a report to shareholders) or accompanied by new information that is not material.
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