By Cydney Posner

The SEC must have had listening devices installed in the conference rooms during the last public companies meeting. Just yesterday, they posted a revised FAQ regarding an 8-K, Item 1.01, interpretation that had generated some discussion at the meeting. Here's the revised interpretation:

If an Item 1.01 Form 8-K filing requirement is triggered in early April for a registrant with a calendar year fiscal year (i.e., after the end of the registrant’s first quarter but before the registrant is required to file its Form 10-Q for that quarter), and the registrant timely files the Item 1.01 Form 8-K but does not file the agreement (to which the Item 1.01 Form 8-K relates) as an exhibit to that Form 8-K, the registrant is required to file the agreement as an exhibit to its second quarter Form 10-Q. The disclosure requirement under Item 1.01 of Form 8-K does not alter the existing requirements for the filing of exhibits under Item 601 of Regulation S-K. [April 10, 2008]

The original interpretation had required that the exhibit be filed with the first quarter 10-Q, which was not consistent with the requirements of Item 6.01.

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