SEC Provides Temporary Regulatory Relief and Assistance to Market Participants Affected by COVID-19

Form D is used to file a notice of an exempt offering of securities with the SEC. Form D notices must be filed online using the SEC’s EDGAR system using codes that are created after filing a Form ID.

On March 26, 2020, the SEC announced that it is adopting a temporary rule to permit applicants for EDGAR access to upload a signed copy of Form ID (completed online) without a notary. Normally, the Form ID must be notarized. This temporary accommodation applies to applicants that were unable to obtain notarization due to difficulties related to COVID-19. In addition, 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 to their EDGAR account. If applicants using the temporary rule do not do so, the SEC may inactivate their EDGAR access codes.

Applicable Dates: The SEC Staff will accept applications for access that comply with the interim temporary final rule filed on or after March 26, 2020 through July 1, 2020.

The temporary rule can be reviewed on the SEC website at https://www.sec.gov/rules/interim/2020/33-10768.pdf.