A registered investment advisor must first establish an EDGAR account. The report must be prepared in accordance with the EDGAR filing requirements. A registered investment advisor will first need to attain an EDGAR access code (which includes a CIK number, CCC number, and password) by filing a Form ID with the SEC.
Unless a hardship exemption is granted, the forms must be filed electronically using the SEC’s Electronic Data Gathering, Analysis and Retrieval (EDGAR) system.
Under Section 13(h), Form 13H must be filed by any organization that is considered a “large trader”. A registered investment adviser qualifies as a “large trader” when the adviser has discretionary authority over one or more accounts that purchase or sell any exchange-listed security in an aggregate amount equal to or greater than 2 million […]
Section 13(g) is very similar to Section 13(d). However, the requirements of Section 13(g) are less burdensome because Section 13(g) is designed to require reporting by qualified institutional investors and passive investors which do not raise the types of concerns underlying Section 13(d). Under this section, reporting entities must file Schedule 13G, which is very […]
You can read more information about the emergency order and Form SH on the SEC’s website. The website includes the order, the Form SH and Form SH instructions. You can visit the SEC website by clicking here.
Institutional investment managers must report all short sales and subsequent positions of Section 13(f) securities. The most current list of Section 13(f) securities can be viewed through the SEC’s website.
The first Form SH must be filed by 5:30 EST on Monday, September 29, 2008. Assuming the order is extended, subsequent Form SH filings must be made on the Monday (or if the Monday is a federal holiday, the first business day thereafter) of each calendar week immediately following a Form SH reporting period (i.e. […]
On September 18, 2008, the SEC released emergency order No. 58591 requiring the use of Form SH. The order was issued due to the SEC’s concern about the possible unnecessary or artificial price movements based on unfounded rumors regarding the stability of financial institutions and other issuers exacerbated by short selling. The SEC has become […]
When a registered investment advisor acquires beneficial ownership of more than 5% of a class of equity securities which are registered under the 1934 Act, it must file a report on Schedule 13D with the issuer, the SEC, and the exchanges where the securities trade. When determining beneficial ownership, a registered investment advisor needs to […]
The SEC has posted its own set of FAQ’s located at http://www.sec.gov/divisions/investment/13ffaq.htm.
