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SEC Sanctions Public Companies for Disclosure Reporting Failure

Thursday, May 6, 2021
On Thursday, April 29, 2021, the U.S. Securities and Exchange Commission (“SEC”) charged eight public companies for failing to disclose (in requests for permission to file periodic disclosure reports including financials late) that the delays were caused by anticipated restatement or correction of previously filed financial statements. In each case, the company had filed a Form NT (technically a “Form 12b-25 Notification of Late Filing”) as permitted by Rule 12b-25 adopted under the Securities Exchange Act of 1934, as amended. None of the eight companies had made full disclosures of their financials to the SEC as required by the Form. Of particular interest is that the SEC used data analytics to identify the eight “miscreants.” As the Acting Director of the SEC’s Division of Enforcement said, “we will continue to use data analytics to uncover difficult to detect disclosure violations.” ....

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SEC Charges Eight Companies For Failure To Disclose Complete Information On Form NT

SEC Charges Eight Companies For Failure To Disclose Complete Information On Form NT
Date
29/04/2021
The Securities and Exchange Commission today charged eight companies for failing to disclose in SEC Form 12b-25 filings that their request for seeking a delayed quarterly or annual reporting filing was caused by an anticipated restatement or correction of prior financial reporting. The violations were uncovered by an initiative focused on Form 12b-25 filings by companies that quickly thereafter announced financial restatements or corrections. Each of the companies was a public reporting company at the time of the violations and agreed to settle the Commission s charges and pay civil penalties. ....

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