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EDGAR (Electronic Data Gathering, Analysis, and Retrieval) is the main tool in real time designed to automate the collection, validation, indexing and distribution of forms submitted to SEC by companies that are responsible for this. EDGAR not only facilitates documentation at the SEC, but is also an excellent tool for investors and analysts who have near real-time access to these forms in real time. The rules and principles that companies must follow to work with EDGAR are specified in S-T Instruction.
The SEC requires all open joint stock companies, whose asset value exceeds $ 10 million, and the number of shareholders more than 500, to submit documents for registration of securities and periodic reports through the EDGAR system. True, form 144 (Notification of the planned sale of securities), forms 3, 4 and 5 (reports related to the ownership of securities and reports on transactions with them for company insiders), as well as an annual report for shareholders (excluding investment companies ) can be submitted through EDGAR at the request of the bearer. Foreign companies do not have to submit forms through EDGAR.
Documents can be sent to the SEC electronically via modem or directly via the Internet from 8 a.m. to 10 p.m. Eastern Standard Time, on any business day, excluding public holidays. The following types of documents must be submitted in electronic format:
registration documents and prospectuses for the issue of securities;
reports and statements required by the Law on the contract between shareholders and the issuing company;
documents, reports and plans required by the Exchange Act;
documents required by the Law on Investment Companies;
documents required by the Public Utilities Act.
documents on deregistration of securities required by the Law on Investment Companies;
documents required by Instruction A and all other documents exempted from registration under the Securities Law;
statements of cessation and emergency situations, as well as interpretations;
documents on proposals of shareholders;
litigation information provided by the Investment Companies Act.
In order to meet the deadlines for submitting documents to the SEC, information in electronic form sent before 17:30 Eastern Standard Time is considered to be submitted on this business day, while information submitted after 5:30 PM already refers to the next business day. However, in respect of securities registration documents, the filing time is extended to 22.00.
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Documents in EDGAR must be sent in HTML format or in unformatted form. In HTML format it is allowed to use hyperlinks for communication between different sections of the same document or between documents of the entire sent set. In addition, you can create hyperlinks to various official data in the EDGAR database, but it is not allowed to use links to documents that are not included in the EDGAR database. Hyperlinks should not replace the information that is necessary for this type of document, even if the link points to the necessary information in another document also submitted through the EDGAR system.
Attention! So far, the SEC does not allow the attachment of video or audio materials to documents sent via the EDGAR system, although the use of graphic and illustrative materials in documents in HTML format is allowed.
It`s also allowed to send documents in PDF format (Acrobat), but in this case they are considered unofficial and therefore must be accompanied by one of the other two formats. If a PDF file is sent, then it should differ from the official document only in format and graphic materials.
If an organization provides documentation in electronic form that contains errors that occurred solely during the transfer, and, having received a message about them, corrects these errors as soon as possible, then it is not liable under articles of federal securities laws providing for liability for fraud.
To protect itself from computer viruses, the SEC for some time does not open files for documents that contain the extension "exe". If such a document is accepted and opened in a few days, it can be deleted from EDGAR, and the organization that sent this file will have to send new files with the necessary information.
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