January 13, 2023

Don’t Forget Your Glossy Annual Report Submission!

Earlier this week, Corp Fin withdrew the guidance that the Staff would not object if a company posts an electronic version of its glossy annual report to its corporate website by the due date in lieu of mailing paper copies or submitting it on EDGAR.

As we noted in the November-December 2022 issue of The Corporate Counsel, the Staff’s action was prompted by the SEC’s adoption of a new electronic filing requirement for the glossy annual report that is required under Exchange Act Rules 14a-3 and 14c-3. As of Wednesday, January 11, 2023, it is now mandatory for glossy annual reports to be submitted to the SEC via EDGAR. Foreign private issuers that furnish their glossy annual report in response to the requirements of Form 6-K also have to submit those reports via EDGAR.

The annual report is filed under the EDGAR header submission type “ARS,” and, unlike your other EDGAR filings which must be filed in HTML format, the glossy annual report is submitted as a PDF file. Here are a few examples of submissions from this week:

Deere & Co.
Raymond James Financial, Inc.

– Dave Lynn