Form SD – EDGAR© filing glitch – Conflict Minerals Report is “Exhibit 1.02″

Publisher: Lexology
Authors: Dynda A. Thomas

The Division of Corporation Finance has confirmed that there is a glitch in the EDGAR© filing system.

EDGAR© is not accepting Exhibit 1.01 to the Form SD but is accepting Exhibit 1.02.

Therefore, despite the Instructions to the Form SD, you will need to refer to your Conflict Minerals Report as “Exhibit 1.02” in order for the filing to be accepted.  The Division of Corporation Finance recommends changing the reference on the report itself as well – in order to be internally consistent.

So, we urge you to change the reference on your Conflict Minerals Report to Exhibit 1.02, change your filing index reference to Exhibit 1.02, and code your filing for EDGAR© purposes so that the Conflict Minerals Report is Exhibit 1.02 rather than Exhibit 1.01.