Regulation S-B
 
Item 103 Legal Proceedings
a.
If a small business issuer
is a party to any pending legal proceeding (or its property is the subject
of a pending legal proceeding) , give the following information (no information
is necessary as to routine litigation that is incidental to the business):
1. Name
of court or agency where proceeding is pending;
2. Date
proceeding began;
3. Principal
parties;
4. Description
of facts underlying the proceedings; and
5. Relief
sought.
b.
Include the information
called for by paragraphs (a)(1) through (5) of this Item for any proceeding
that a governmental authority is contemplating (if the small business
issuer is aware of the proceeding) .
Instructions to Item 103:
1. A
proceeding that primarily involves a claim for damages does not need to
be described if the amount involved, exclusive of interest and costs,
does not exceed 10% of the current assets of the small business issuer.
If any proceeding presents the same legal and factual issues as other
proceedings pending or known to be contemplated, the amount involved in
such other proceedings shall be included in computing such percentage.
2. The
following types of proceedings with respect to the registrant are not
"routine litigation incidental to the business" and, notwithstanding
instruction 1 of this Item, must be described: bankruptcy, receivership,
or similar proceeding.
3. Any
proceeding that involves federal, state or local environmental laws must
be described if it is material; involves a damages claim for more than
10% of the current assets of the issuer; or potentially involves more
than $100,000 in sanctions and a governmental authority is a party.
4. Disclose
any material proceeding to which any director, officer or affiliate of
the issuer, any owner of record or beneficially of more than 5% of any
class of voting securities of the small business issuer, or security holder
is a party adverse to the small business issuer or has a material interest
adverse to the small business issuer.
Regulatory History |
|
57 FR 36452, Aug. 13, 1992 |
|