Stay Tuned for SEC Announcements About Registration Statement Submissions for Confidential and Non-Public Review Via an EDGAR-Based System Instead of a Secure Email System

Since May 2012, the SEC has been accepting draft registration statements via a secure email system from emerging growth companies for confidential, non-public review under the JOBS Act and from certain foreign private issuers for non-public review process under the SEC’s policy.  

The SEC has announced today that it intends to replace the secure email system with an EDGAR-based system for confidential and non-public submissions of draft registration statements.  Some of the necessary modifications will be in place beginning July 2, 2012. However, the SEC is still working on implementing the EDGAR-based system, and companies should continue to use the secure email system until the SEC announces that the new EDGAR functionality is available.