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SEC Provides New Guidance on the Use of Company Websites

September 26, 2008


During August, 2008, the Securities and Exchange Commission provided new guidance, in the form of an Interpretive Release, on the use of company websites. The new guidance focuses on four main topics: (1) whether and when information posted on a registrant’s website is public for purposes of Regulation FD and sufficient to satisfy Regulation FD’s public disclosure requirement; (2) registrant liability for website content under the anti-fraud provisions of the federal securities laws; (3) the applicability of disclosure controls and procedures to website content; and (4) formatting of posted information.