(The news
featured below is a selection from the news covered in the Federal Securities
Report Letter, which is distributed to subscribers of the Federal
Securities Law Reports.)
Commission Adopts Pro Forma
Restrictions
The SEC adopted new Regulation G to
implement provisions of the Sarbanes-Oxley Act concerning the use of pro
forma financial disclosures. These statutory provisions state that any such
pro forma disclosures must: 1) not contain an untrue statement of a material
fact or omit to state a material fact, and 2) reconcile the pro forma
information with the financial condition and results of operations of the
registrant under Generally Accepted Accounting Principles.
New Regulation G will require public
companies that disclose financial information other than in accordance with GAAP
to include a presentation of the most comparable GAAP financial measure and a
reconciliation of the disclosed non-GAAP financial measure to the most
comparable GAAP financial measure. The changes are effective March 28, 2003.
Regulation G will apply to disclosures
as of March 28, 2003, and the requirement to furnish earnings releases and
similar materials on Form 8-K will apply to earnings releases and similar
announcements made after March 28, 2003. The amendments to Item 10 of Regulation
S-K, Item 10 of Regulation S-B and Form 20-F will apply to any annual or
quarterly report filed with respect to a fiscal period ending after March 28,
2003.
¨ Release
No. 33-8176 is reported at ¶86,816
.
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