SEC Lets Companies Disclose Via Websites, Blogs
edadams passes along a note in the ABA Journal that reads "Corporations may now sometimes fulfill their public disclosure requirements under Regulation FD by posting information on their websites and blogs, rather than having news releases distributed by third-party companies, according to new guidance issued by the US Securities and Exchange Commission. The move is expected to cut compliance costs." Here is the SEC's policy announcement.
When companies post announcements via third party media, those announcements are presumably archived. I wonder what the impacts would be of blog-disclosures being retracted or edited after the fact, Ministry of Truth-style?
If one wants other shareholders to get the news, you Dig it.
Talk about moving into the 21st century at a great rate of knots.
The Mothership
I can see the case for self-publication of press releases, although that seems to greatly expand the ability of a firm to pull back antiquated information. Hopefully some reasonable protections are taken care of in the forthcoming guidance. I'm also not sure that savings on the order of $100-1000/press release (from the results of a quick Google search - Correct me if I'm wrong) are so significant as to warrant moving away from common, easily indexed third parties.
That said, though, why on earth do they view something as informal and relatively uncontrolled as a blog (or worse - multiple blogs) as an appropriate outlet for this sort of information? This part seems grossly irresponsible.
Is there a draft copy of the changes out there somewhere?
Would this make lawsuits regarding disclosure more difficult?
For example, suppose company Foo makes a tortuous misrepresentation of the quality of its R&D pipeline on a blog. Then I buy stock based on that. Then the company's lawyers realize the mistake and fix the blog. All within 10 minutes.
I sue, and say that the blog had bad information. They say, "We have no reliable record that the website ever showed that." I curse myself for not having had a Notary Public print out and stamp that web page.
I think this wouldn't happen with the current regime of printed disclosure statements. Could it happen with the proposed system?
I allready get the feeling that those (mandatory!) disclosures will be tucked away as some "small print" somewhere, stored in a locked, turned to the wall cabinet hidden behind a door that says "beware for the leopard" which is located in the basement to which the elevator does not work and the stairs are broken.
The reason that the data needed to be presented by a third party had/has a reason. Ignoring that reason is pretty-much criminal.
Then at the meeting he used different rules and allowed non-P-members to vote too ... these non-P-members were the late-joining African nations that favored Microsoft. The ISO organiser even admits he changed the rules,
Source docs
Call me a cynic, but couldn't this be used to obfuscate - or, hell, intentionally hide - information? Instead of being forced to go thru well-known channels, some PR punk could brush off a request by claiming "it's on the website!"
"The fight for freedom has only just begun." - Geert Wilders
All they have to do is flag it so search engines don't index it and they can keep the fine print more hidden than ever, yet say it was there all along.
It was clearly available on a the third page of "Archived news" via a password protected link named "Beware of the Tiger".
Its not our fault if you don't take an interest in local affairs.
That's why I love USASEC. It is american, and not fucking anything else.
Currently the advantage is with the large boys since they can afford the subscriptions to the approved outlets ... they thus get to know the news first. This will help to level the playing field.
Wow.....Insider Trading just got much, much easier!
1) Buy large amounts of stock.
2) Disclose bad outlook in obscure web posting at 12:00 PM
3) Sell stock at 12:01 PM
4) ???
5) Profit!
Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
We is goin' down to Infinitee Nightclub wiv our new legally acquired funds!*
BTW, company totally looking possibly broken.
Drinks at 9, Lines at 7 LOL!
L8rs
Ur G'z @ Enny Ron
I record my sleeptalking
Monday
Today I met some people from Company X and it was all brilliant and great. Fabulous news that we are doing a big new partnership
Tuesday
I had pie for dinner
Wednesday
We've just lost $2bn as a result of an internal fraud, the FBI and CIA are now involved and all senior executives are being questioned
Thursday
I'm here in Brazil today speaking with their justice ministry, the weather is fantastic and I'm off to play golf later.
Now Jonathan Schwartz at Sun really blazed the trail here, but surely the really thing for a company to do is have such a god-awful boring blog full of mundane crap that any bad news is "published" in a place that no-one looks.
An Eye for an Eye will make the whole world blind - Gandhi
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America, Fuck Yeah! If your not an American then stay outta the way of our bombs! Or we'll shock and awe your ass!
The SEC stands for capitalism. It is what makes America great.
God Bless America, and God Damn everywhere else!
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Nook 'em! Nook 'em NOWWWWWWWW! Send them to their maker! (1)
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(1) Not affiliated with the Catholic church
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I believe all the official releases that have to be made ALSO must be filed with the SEC. You can change it on your website, sure, but everything that is required by law is required by law to be with the SEC. Someone correct me if I'm wrong.
Whoever aggregates all of these disclosures, and rates companies based on their accuracy and fidelity over time, is probably going to have a lot of customers.
Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
Plaintiff's lawyer: "But you never disclosed the extent of the losses Microsoft was taking with the XBox, did you?"
Ballmer: "Yes I did. In fact, I have for many years."
Plaintiff's lawyer: "In public? Where?"
Ballmer: "On my blog."
Plaintiff's lawyer (taken aback): "Your blog?? Which one was that?"
Ballmer: "Mini-Microsoft."
Everytime a significant event occurs the company must publish it on one of the wire services and file an 8-K: Current Report with the SEC. My interpretation would be they would continue to have to file 8-Ks, but they could post the information on the investor website instead of sending it to the wire service. If you are filing 8-Ks, you still have a distinct and 3rd party managed repostitory.
What's the concern over this? If you want to know how a company performed, read the damn 10Q/K. Those are archived here: http://www.sec.gov/edgar.shtml . Stop relying on press releases as real news.
It sounds to me that, in addition to blogging it or posting it on a website, that this would also allow a company the option to create an RSS feed that passes this inforamation to the various news organizations instead of having to send it (basically automatic push instead of manual push). The news organizations can subscribe and get updates automatically. Sounds good to me. As long as they still have to file with the SEC, this sounds like a good move forward... actual progress... it seems so strange to see it happen.
Before commenting on the Bible, please read it first
What is the motivation? The move will "cut compliance costs" but will take money away from PR firms, so it seems like a wash.
the actual cost on this would be around $200-550 per new release, and that would be disseminated around the big new firms.
not that bad considering the over all cost of running a public company.
The hidden and real cost is very expensive. Here's why, yes you could retract a NR (news releases) after a time and you could also change material facts.
so if you are an investor looking at a company's past, it could cost investors because they do not have the information that could help them make an investment desision.
- company will not gain the interest they need to get financings and investors.
-company will limit prospects for buyouts or takeovers as they could fudge a number or fact creating a false impression.
Another winner from the SEC, way to go idiots. screw over the investor. American way.