SEC Approves FAST Act Rules, But Smaller Reporting Companies and Emerging Growth Companies Benefit Little
- April 3rd, 2019
- Russell Weigel
- Comments Off on SEC Approves FAST Act Rules, But Smaller Reporting Companies and Emerging Growth Companies Benefit Little
In March 2019, the SEC issued its final rules required by the FAST Act, a statute that went into effect in 2015. In general, the new rules are for the most part technical corrections to Regulation S-K and the forms and schedules that associated with it. Most of the changes affect only larger SEC reporting companies and do not apply to smaller reporting companies or emerging growth companies.
The rule changes that affect all public companies include the elimination of certain archaic but required undertakings in registration statements and the clarification that a company does not need to file all pages of material contracts to its SEC registration statements or reports if the omitted portions are immaterial, provided that the registrant describes the nature of the omitted documents. This latter simplification is helpful from a cost standpoint and as an affirmation from the SEC that not all information in otherwise material contracts is material to investors.