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The SEC published new instructions for the submission of draft
registration statements by emerging growth companies (as permitted
under the JOBS Act) and by foreign private issuers that are not
EGCs (under the SEC's policy) for confidential, non-public review by
the SEC. Such registration statements, exhibits and correspondence
must be submitted to the SEC via a secure e-mail system. Users will
be required to create an e-mail account. All draft submissions must
be in text searchable PDF format and should include a transmittal
letter identifying the issuer and the type of submission. Emerging
growth companies should confirm their status as an EGC in their
transmittal letters. The registration statement, correspondence and
exhibits should each be in a separate file, using simple names to
identify them, such as DRAFTS.pdf for the registration statements,
LETTER.pdf for the transmittal letter and EXHIBIT10.1.pdf for each
exhibit (numbered to correspond to the exhibit number). All SEC
comment letters and other correspondence also will be sent via the
secure email system.
The content of this article is intended to provide a general
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