Updated: FAQ on New SEC Rules on Exhibit Hyperlinks

August 16, 2017

With the September 1, 2017, deadline fast approaching for complying with the SEC’s new rules on exhibit hyperlinks, we have updated our March blog post with the frequently asked question below.

How does one link to an exhibit in a 30-year old registration statement that was filed as one gigantic ASCII file? The only available “link” would be to the whole file.

Based on recent informal Staff discussions relating to this question, we were instructed that the filer should hyperlink to the ASCII filing containing the exhibit and clearly identify the hyperlinked exhibit from the ASCII filing. By way of example, the hyperlink description could look something like this:

3.1 Articles of Incorporation (see exhibit 3.1 to Form S-1 Registration Statement filed with the SEC on XX XX, XXX)

Alternatively, the registrant could voluntarily choose to re-file the old exhibit with the present filing.

Securities Law Exchange BlogTo continue reading this article on the firm’s Securities Law Exchange blog, please click here to read other FAQs on the new rules about exhibit hyperlinks.

Bass, Berry & Sims’ Securities Law Exchange blog features commentary and practical insight on SEC updates for publicly traded companies.