Chicago, IL asked in Securities Law for Illinois

Q: When does someone need to file an amended 8K? I'm a shareholder and want to know if they followed the law.

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1 Lawyer Answer
T. J. Jesky
T. J. Jesky
  • Chicago, IL
  • Licensed in Illinois

A: This is a good question, and somewhat difficult to give you a solid answer. Here is why. A Company is required to file a Form 8-K when a "material event" takes place. It is management's call as to what they consider material. This is also based on the size the Company. For a small company, material event can be almost any important event. For a Fortune 500 Company, the same event may not be material based on their size. It is just another day of conducting ordinary business.

As far as an Amended Form 8-K/A, this should be filed to correct or update information filed in the original Form 8-K. For example, if the Company forgot to include an Exhibit or if the numbers or information presented were incorrect. There can be many good reasons to file a Form 8-K/A.

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