Securities Lawyer's Deskbook
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General Rules and Regulations
for Electronic Filings

Regulation S-T





Rule 303 -- Incorporation by Reference [Effective until Nov. 4, 2002.]


  1. The following documents shall not be incorporated by reference into an electronic filing:

    1. Any document filed in paper in violation of mandated electronic filing requirements;

    2. Any document filed in paper pursuant to a hardship exemption for which a required confirming electronic copy has not been submitted.

    3. For a registered investment company or a business development company, documents that have not been filed in electronic format, unless the document has been filed in paper under a hardship exemption (Rule 201 or Rule 202) and any required confirming copy has been submitted.

  2. If any portion of the annual or quarterly report to security holders is incorporated by reference into any electronic filing, such portion of the annual or quarterly report to security holders shall be filed in electronic format as an exhibit to the filing, as required by Item 601(b)(13) of Regulation S-K and Item 601(b)(13) of Regulation S-B. This requirement shall not apply to incorporation by reference by an investment company from an annual or quarterly report to security holders.



Regulatory History


58 FR 14670, Mar. 18, 1993; 59 FR 67762, Dec. 30, 1994; 62 FR 36450, 36457, July 8, 1997; 64 FR 27888, 27895, May 21, 1999; 65 FR 24788, 24800, Apr. 27, 2000



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