Procedures for Requesting a Date Adjustment for Corporation Finance Filers
A substantial number of companies waited until the last minute to complete their annual report Form 10-K that was due on or before close of business on Wednesday, March 31, 1999. As a result, many companies that attempted to submit their electronic filings to EDGAR late in the day on Wednesday were unable to do so until after 5:30 p.m. These filings received an acceptance date of April 1, 1999.
The electronic filing rules provide that the staff may adjust the filing date for an electronic filing if the filer made a good faith attempt to file the document in a timely manner but the filing was delayed for technical difficulties beyond the electronic filer's control. A date adjustment is not automatically granted.
If a company believes that their circumstances justify a date adjustment for their annual report filing, the company or its counsel should submit a request to the staff that contains the following information:
- the name of the issuer and the form type of the filing;
- the accession number for the accepted late filing;
- when the initial transmission of the filing began;
- the reason why the date adjustment is required (e.g., filing was due on the previous day); and
- the nature of the technical difficulties that resulted in the filing delay.
The request may be faxed to the Office of EDGAR and Information Analysis at
Fax: (202) 942-9542
Issuers generally will be advised by phone within 48 hours whether the request is granted. If the date adjustment is granted, the correction to the EDGAR system will take approximately one week.