The SEC’s recently adopted rules requiring hyperlinked exhibits become effective on September 1, 2017.1
The hyperlink requirement applies to certain registration statements and reports under the Securities Act of 1933 (Securities Act) and the Securities Exchange Act of 1934 (Exchange Act) that are required to include exhibits under Item 601 of Regulation S-K, including filings on Forms S-1, S-3, 10, 10-K, 10-Q and 8-K.2 The hyperlink requirement also applies to filings by foreign private issuers on Forms F-10 and 20-F but not to filings on Form 6-K by foreign private issuers or by certain Canadian issuers under the multijurisdictional disclosure system. Because proxy statements are not required to include exhibits, they are not subject to the hyperlink requirement.
The exhibit index in a registration statement or report subject to the new requirement must include hyperlinks to both exhibits filed with that document, as well as exhibits incorporated by reference. Hyperlinks must be to documents on the EDGAR website; hyperlinks to other websites are prohibited. If a registration statement or report is amended, each amendment must include hyperlinks to the exhibits required by the amendment.
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