Regulation S-T
  Rule 13
Date of Filing; Adjustment of Filing Date
a.
General.
1.
Except as provided
in paragraph (b) of this section, the business day on which a filing is
received by the Commission shall be the date of filing thereof, if:
i. all
requirements of the Acts and rules applicable to such filing have been
complied with;
ii. the
filing conforms to the applicable technical standards regarding electronic
format in the EDGAR Filer Manual; and
iii. with
respect to Securities Act filings, including filings under section
24(f) of the Investment Company Act, the required fee payment has
been confirmed, provided that the failure to pay an insignificant amount
of the fee at the time of the filing, as a result of a bona fide error,
shall not affect the date of filing.
2. If
the conditions of paragraph (a)(1) of this section are otherwise satisfied,
all filings submitted by direct transmission commencing on or before 5:30
p.m. Eastern Standard Time or Eastern Daylight Saving Time, whichever
is currently in effect, shall be deemed filed on the same business day,
and all filings submitted by direct transmission commencing after 5:30
p.m. Eastern Standard Time or Eastern Daylight Saving Time, whichever
is currently in effect, shall be deemed filed as of the next business
day.
3. Notwithstanding
paragraph (a)(2) of this section, any registration statement or any post-effective
amendment thereto filed pursuant to Rule 462(b) under the Securities Act by direct transmission commencing
on or before 10:00 p.m. Eastern Standard Time or Eastern Daylight Saving
Time, whichever is currently in effect, shall be deemed filed on the same
business day.
4. Notwithstanding
paragraph (a)(2) of this section, a Form 3,
4
or 5
submitted by direct transmission on or before 10 p.m. Eastern Standard
Time or Eastern Daylight Saving Time, whichever is currently in effect,
shall be deemed filed on the same business day.
Note:
Electronic filings that have an automatic or immediate effective date
must be deemed filed, as provided in paragraph (a) of this section, before
any waiting period for automatic effectiveness commences or before the
filing becomes immediately effective, whichever applies.
b. Adjustment
of the filing date. If an electronic filer in good faith attempts
to file a document with the Commission in a timely manner but the filing
is delayed due to technical difficulties beyond the electronic filer's
control, the electronic filer may request an adjustment of the filing
date of such document. The Commission, or other staff acting pursuant
to the delegated authority, may grant the request if it appears that such
adjustment is appropriate and consistent with the public interest and
the protection of investors.
c.
Payment of fees.
Fees required with respect to a filing that is submitted electronically
shall be paid in accordance with the procedures set forth in Instructions
for Filing Fees--Rule 3a of the Commission's Informal and Other Procedures.
Note:
All filing fees paid by electronic filers must be submitted to the
lockbox depository, as provided in Rule 3a, including those pertaining
to documents filed in paper pursuant to a hardship exemption.
d. Where
the Commission's rules, schedules and forms provide that a document must
be filed on the same day it is published, furnished, sent or given to
security holders or others, an electronic filer may file the document
with the Commission electronically before or on the date the document
is published, furnished, sent or given, or if such publication or distribution
does not occur during the official business hours of the Commission, as
soon as practicable on the next business day. Any associated time periods
shall be calculated on the basis of the publication or distribution date
(as applicable), and not on the basis of the date of filing.
Regulatory History |
|
58 FR 14671, March
18, 1993
59 FR 67761, Dec. 30, 1994
60 FR 26618, May 17, 1995
62 FR 47934, 47938, Sept. 12, 1997 64 FR 61408, 61451, Nov. 10, 1999
68 FR 25788, 25799, May 13, 2003 |
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