If a company appeals a Staff determination to delist its securities based on a late periodic report, what information should it present to the Panel?
Companies are expected to explain to the Panel the reason for the late filing and provide an estimated date by which they will become current in all SEC filing obligations, together with a schedule of actions to be completed by the company and its auditors. The company should describe any expected adjustments or restatements relating to the financial statements contained in prior filings. The company should also provide information regarding all public disclosures pertinent to the filing delinquency or forthcoming restatements. (Updated: November 20, 2008) If an investigation into the issues underlying a late periodic report has been initiated by the company’s board, audit committee or other investigative committee, what information should the company provide to the Panel? The company should be prepared to provide the following information to the extent it has been ascertained and to supplement that information in writing upon completion of the investigation: 1.
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- If a company appeals a Staff determination to delist its securities based on a late periodic report, what information should it present to the Panel?
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