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Key Considerations for the 2021 Annual Reporting and Proxy Season Part I: Form 10-K Considerations | White & Case LLP


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This is Part I of a two-part memorandum series outlining key considerations from White & Case’s Public Company Advisory Group for US public companies during the 2021 annual reporting and proxy season.
Part I of this memo describes our key considerations for Annual Reports on Form 10-Ks in two parts:
(1) Housekeeping Items for Form 10-Ks in 2021; and
(2) Top Nine Disclosure Considerations for the Form 10-K in 2021.
Part II of the series will describe key considerations for Annual Meeting Proxy Statements.
Considerations for Annual Reports on Form 10-K in 2021
Recent SEC rulemaking and other developments in 2020 have resulted in a number of changes to SEC filings, including your upcoming 10-K, as described below. ....

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SEC Modernizes Reg S-K Financial and MD&A Disclosure Rules | Perkins Coie


Item 301 (Selected Financial Data)
Last Five Years of Financial Data. Requires that the company disclose selected financial data in comparative tabular form for each of company’s last five fiscal years (along with any additional fiscal years necessary to prevent the information from being misleading).
Eliminated. This item was eliminated, as prior period financial disclosures are easily accessible through prior EDGAR filings.
Item 302(a) (Selected Quarterly Financial Data)
Two Years of Quarterly Financial Data. Requires that the company provide disclosure of two fiscal years and subsequent interim periods of selected quarterly financial data of specified operating results, along with disclosure of variances in those results from amounts previously reported in a Form 10-Q. ....

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Practical Considerations for FSA & Election Change Relief


Monday, January 11, 2021
The Consolidated Appropriations Act, 2021 (Act) provides 
certain COVID-19-related relief, including temporary additional flexibility regarding flexible spending accounts (FSAs). Employers have several practical considerations when deciding whether to adopt one or more of the changes in their plans.
Under the FSA changes, employees need not lose the benefit of the dollars they set aside from their pay into healthcare and dependent care FSAs and may use the amounts contributed for up to 12 months after the end of the 2020 or 2021 plan years. These provisions are optional, like the prior relief from IRS Notices 2020-29 and 2020-33 for 2019 elections, and, if implemented, require plan amendments. ....

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