FOR IMMEDIATE RELEASE 98-10 SEC ADOPTS RULE REQUIRING PLAIN ENGLISH IN PROSPECTUSES Washington, DC, January 22, 1998 -- The Securities and Exchange Commission today adopted a rule requiring plain English for the cover page, summary, and risk factor sections of prospectuses. The Commission also codified earlier interpretive advice on how public companies can comply with the current rule that prospectuses be clear, concise and understandable. "Today's plain English rule is very important for investors who will now be able to read and understand the information that up to this point had been unintelligible to all but a few lawyers and market professionals," said Arthur Levitt, Chairman of the Securities and Exchange Commission. Chairman Levitt also noted that the Commission intends to practice what it preaches in urging the use of plain English in its own communications. Yesterday, Mr. Levitt released the winners of the "Chairman's Plain English Challenge," an effort to raise awareness within the Commission of the need for clear communications. The Chairman has also appointed a Plain English Task Force within the Commission to guide the SEC's internal efforts toward more effective communications. Attached is a fact sheet outlining the main aspects of the new rule. # # # Final Plain English Rule Today, the Commission adopted the final plain English rule with some changes from the initial proposals. The rule applies to prospectuses prepared by operating companies and mutual funds in connection with their public offerings. With this new rule and the accompanying amendments to current rules, prospectuses should become simpler, clearer, more useful, and, we hope, more used. This rule will go into effect on October 1, 1998. New paragraph (d) to Rule 421 (Regulation C) We require registrants to use plain English principles in the organization, language, and design of the cover page, summary, and risk factors section of their prospectuses. Registrants must draft the language in these sections so that, at a minimum, it substantially complies with each of the following plain English writing principles: * active voice; * short sentences; * definite, concrete, everyday words; * tabular presentation or "bullet" lists for complex material, whenever possible; * no legal jargon or highly technical business terms; and * no multiple negatives. Also, registrants may include in these sections or other sections of the prospectus design elements, so long as the design is not misleading and the required information is clear. Additional Amendments To help implement these changes, we are also adopting amendments to disclosure regulations and registration forms for public companies and mutual funds. Changes to Initial Proposals Based on the experience we gained in the plain English pilot program and the comment letters we received, we are not adopting any rules or amendments that would: * limit the length of the summary; * limit lithe number of risk factors; or * prioritize the risk factors. A Plain English Handbook In about six weeks, The Office of Investor Education and Assistance will release, in final form, A Plain English Handbook: How to Create Clear SEC Disclosure Documents. It will be available on our Internet site but, because it contains a lot of graphics, we suggest you request a paper copy by calling (800) SEC-0330. The Internet address for the handbook is (http://www.sec.gov/consumer/plaine.htm).