The SEC's "sunset" provision requiring issuers to re-file certain shelf registration statements at least every three years phases in December 1, 2008, and certain shelf registration statements will no longer be available after that date for offers and sales of securities. It is critical for all companies to review their currently effective registration statements and consult legal counsel in order to maximize their eligibility for favorable treatment when filing new registration statements. Proper planning will ensure that there is no disruption to ongoing offerings or access to the capital markets. Read here for details on how the SEC’s provision might affect your currently effective registration statements starting December 1, and the steps you should take to avoid problems.

If you would like to know more about any of the new rules mentioned above, please contact the White & Case lawyer with whom you regularly discuss securities matters or any of the following lawyers:

Colin Diamond
Partner, New York
+1 212 819 8754

N. Adele Hogan 
Partner, New York
+ 1 212 819 8626

Gary Kashar 
Partner, New York
+ 1 212 819 8223

Kevin Keogh
Partner, New York
+ 1 212 819 8227

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