The SEC and its staff recognize that the COVID-19 public health crisis has presented challenges for some entities and individuals who require initial access to file through the EDGAR system, particularly those applicants who have experienced trouble obtaining notarization of the authorized signature on the Form ID application. This notarization process is required by Rule 10(b) of Regulation S-T.
Given this situation, the SEC announced that it is adopting temporary final Rule 10(c), which will permit applicants seeking EDGAR access to upload a signed copy of Form ID (completed online) without the notarization. This copy must contain a statement the applicant was unable to obtain notarization due to difficulties related to COVID-19. Within 90 days of obtaining access to EDGAR under the temporary rule, applicants must obtain notarization of the authorized signature on a copy of the completed Form ID and upload it as correspondence to their EDGAR account. If applicants using the temporary rule do not upload the notarized copy, the SEC may inactivate their EDGAR access codes.
Similar notarization requirements concerning EDGAR access exist for manual passphrase reset and other data access procedures, and those notarization requirements will also follow the temporary rule. The SEC will accept applications for access that comply with the temporary final rule filed on or after March 26, 2020 through July 1, 2020. The temporary rule can be reviewed on the SEC’s website. Those with questions can contact Filer Support at 202-551-8900 and then select Option 4.
Sources:
SEC Adopts Temporary Final Rule 10(c) to Address Form ID Notarization Challenges (www.sec.gov)
Relief for Form ID Filers and Regulation Crowdfunding and Regulation A Issuers Related to Coronavirus Disease 2019 (COVID-19) (www.sec.gov)
