News
April 25, 2019

Streamlined Procedure for Confidential Treatment Extensions

Advisory

On April 16, 2019, the SEC announced a short form application that streamlines the process for requesting an extension of a previously granted confidential treatment order.

The form must be filed prior to the original order's expiration, and requires registrants to affirm that the most recently considered application continues to be true, complete and accurate. Applicants may seek a three, five or 10-year extension, and must include a brief supporting explanation. Neither the unredacted documents nor the supporting analysis previously provided need to be filed again unless such analysis has changed. If the applicant proposes to disclose previously redacted material, it must publicly file the revised redacted version of the contract when it submits the short form extension application.

The new procedures may not be used to add new exhibits to the application or make additional redactions that were not previously approved.

The short form application should be emailed to CTExtensions@sec.gov. This email address should not be used for any other type of confidential treatment or extension request. If the SEC has questions relating to the application, it will contact the applicant. If the request is granted, the order will be posted on the applicant's filing history on EDGAR.

Registrants may also continue to use the traditional method of requesting extensions. However, the procedures set forth in the recently adopted SEC rules regarding the redaction of exhibits, discussed in our April 4 Advisory, do not apply to the extension of confidential treatment orders.

© Arnold & Porter Kaye Scholer LLP 2019 All Rights Reserved. This Advisory is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.

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