Alert September 09, 2008

Reminder: Optional Use of Revised Form D and Electronic Filing Begins September 15

As previously summarized in the February 26, 2008 Alert (“SEC Issues Adopting Release for Form D Electronic Filing Requirement and Form D Revisions”), newly-revised Form D and related electronic filing rules become effective on September 15, 2008. The electronic filing requirements are subject to a 6-month transition period during which electronic filing of the newly-revised version of Form D is optional.  During the transition period, issuers may (a) make a paper filing using the “temporary” Form D, which differs slightly from the current paper form, (b) make a paper filing using the newly-revised version of Form D, or (c) file electronically using the newly-revised version of Form D. The transition period ends March 16, 2009, when the newly-revised version of Form D and electronic filing become mandatory.