SEC Proposes Amendments to Update Electronic Filing Requirements

On November 4, 2021, the SEC published proposed amendments to update electronic filing requirements. The amendments would apply to a variety of issuers, investment advisers, institutional investment managers and others who currently file or submit paper reports to the SEC on EDGAR or the Investment Adviser Registration Depository.

The SEC currently permits and sometimes requires the filing or submission of certain forms in paper format. The proposed rule and form amendments would require electronic filing or submission of certain forms, including, among other things, applications for orders under the Investment Advisers Act of 1940; confidential treatment requests for Form 13F filings; Form ADV-NR (required for non-resident general partners and non-resident managing agents of investment advisers) and documents filed with the SEC pursuant to Section 33 of the Investment Company Act of 1940 (filing of documents with the SEC in civil actions).

The proposed amendments would also make technical amendments to certain forms to remove outdated references and re-propose certain technical amendments to Form 13F, including modernizing the structure of data reporting.

The SEC press release can be found here.

The proposed amendments can be found here (Updating EDGAR Filing Requirements) and here (Electronic Submission of Applications for Orders under the Advisers Act and the Investment Company Act, Confidential Treatment Requests for Filings on Form 13F, and Form ADV-NR; Amendments to Form 13F).

A fact sheet on the proposed amendments can be found here.

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