2020

SEC issues FAQs on COVID-19

May 29, 2020

In May 2020, the staff of the SEC’s Division of Corporation Finance issued four FAQs related to COVID-19.

The FAQs discuss the SEC’s March 25, 2020, COVID order (which enables entities to defer the date by which they file certain reports — including Form 10-K and Form 10-Q) as well as the interaction with Form S-3 and the ability to issue prospectus offerings.

SEC modifies Covid-19 exemptive order

Mar 25, 2020

On March 25, 2020, the Securities and Exchange Commission (SEC) announced that it is extending the filing periods covered by its previously enacted conditional reporting relief for certain public company filing obligations under the federal securities laws, and that it is also extending regulatory relief previously provided to funds and investment advisers whose operations may be affected by COVID-19.

In addition, the SEC’s Division of Corporation Finance issued its current views regarding disclosure considerations and other securities law matters related to COVID-19.

Review the press release and modified exemptive order on the SEC's website.

Standard setting during the COVID-19 pandemic – June 2020 Update

Jun 02, 2020

On June 2, 2020, the Accounting Standards Board (AcSB) released a statement from the Chairs of the AASB, AcSB and PSAB that gives an update on the decisions they have made on resource development, effective date deferrals, and comment deadline extensions.

As the COVID-19 pandemic and its effects in Canada continue to evolve, the standard-setting boards have focused discussions on ensuring stakeholder needs are addressed. Recent decisions have focused on alleviating pressure as you navigate these challenging and uncertain times.

Review the statement on the AcSB’s website.

As many public companies now prepare for their next reporting cycle (e.g., second quarter financial reporting), we emphasize that the participants in the financial reporting system continue to play an important role in the functioning of our markets and in our collective national effort to mitigate the COVID-19 pandemic. We look forward to our financial reporting system continuing to provide a steady flow of timely, decision-useful information to investors and our public capital markets.

Read the statement

Temporary relief from certain regulatory filings available to investment funds and non-investment fund issuers due to COVID-19

May 20, 2020

On May 20, 2020, the Canadian Securities Administrators (CSA) published two blanket orders that provide investment funds and non-investment fund issuers with temporary relief from certain regulatory filings and delivery obligations, as a result of the COVID-19 pandemic. The conditions of the relief are substantially the same as the temporary relief announced on March 23, 2020, but the relief is only applicable to issuers and investment funds with filing deadlines in the periods described below.

For investment funds, the blanket relief provides a 60-day extension for certain filing, delivery and prospectus renewal obligations normally required to be made during the period from June 2, 2020 to September 30, 2020.

For non-investment fund issuers, the blanket relief provides a 45-day extension for certain filing, delivery and base shelf prospectus renewal obligations normally due or required to be made during the period from June 2, 2020 to August 31, 2020.

Investment funds and non-investment fund issuers that have already used the prior relief announced on March 23, 2020 to extend any filing, delivery and prospectus renewal deadline occurring on or before June 1, 2020 cannot use this relief to further extend the deadline.

Additionally, to rely on the relief, non-investment fund issuers must issue a news release before the required filing deadline and comply with other conditions. Issuers and their counsel are encouraged to review the respective orders to ensure compliance with these conditions.

Re­view the press re­lease on the CSA's web­site.

Temporary relief from certain regulatory filings available to registrants and unregistered capital markets participants due to COVID-19

May 29, 2020

On May 29, 2020, the securities regulatory authorities in Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon (the participating jurisdictions) published temporary blanket relief for registrants and unregistered capital markets participants from certain financial statement and information delivery requirements, as a result of COVID-19.

The conditions of the relief are substantially the same as the temporary relief announced on March 23 (prior relief), but the relief is only applicable to registrants and unregistered capital markets participants with filing deadlines in the periods described below.

The blanket relief provides a 60-day extension for periodic filings normally required to be made between June 2, 2020 and September 30, 2020 by registrants and, in Ontario, unregistered capital markets participants that rely upon certain registration exemptions. These unregistered capital markets participants include unregistered investment fund managers and unregistered exempt international firms. Registrants and unregistered capital markets participants that have already used the prior relief to extend their deadline for any financial statement or information delivery requirements occurring on or before June 1, 2020, cannot use this relief to further extend that deadline.

The CSA is implementing the relief through local blanket orders by the participating jurisdictions. Registrants who are registered in multiple jurisdictions will need to ensure that they satisfy the applicable filing deadlines in those jurisdictions where the relief does not apply.

The securities regulatory authorities in Québec and Manitoba separately published temporary blanket relief from certain financial statement and information delivery requirements for registrants whose principal regulator is one of the participating jurisdictions.

Review the press release on the CSA's website.

The importance of disclosure – For investors, markets and our fight against COVID-19

Apr 08, 2020

On April 8, 2020, the Securities and Exchange Commission (SEC) released a statement urging companies to provide as much information as is practicable regarding their current financial and operating status, as well as their future operational and financial planning in light of the impact of the Covid-19 pandemic.

The statements covers:

  • Detailed discussion of the importance of disclosure, particularly forward-looking disclosure, for investors, markets and our fight against covid-19
  • Discussion of investor protection, market integrity and legal risk

Review the statement on the SEC's website.

Updated IASB work plan — Analysis (April 2020 supplementary meeting)

Apr 17, 2020

On April 17, 2020, the International Accounting Standards Board (the Board) updated its work plan following its April 2020 supplementary meeting. Due to the COVID-19 situation, changes are numerous.

Below is an analysis of all changes made to the work plan since our last analysis on March 27, 2020.

Standard-setting projects

Maintenance projects

Research projects

Other projects

  • 2020 Agenda Consultation — A request for information is now expected in the first half of 2021 (previously second half of 2020)

Review the press release and the revised IASB work plan on the Board's website.

Why audit committees are so important during the COVID-19 crisis?

Apr 06, 2020

On April 6, 2020, the National Association of Corporate Directors (NACD) released a blog on how now may be the time to shift some of the audit committee’s risk oversight responsibilities to the full board.

However, to effectively oversee financial reporting, the audit committee would still need to have access to all relevant risk management information—but maybe some of the detailed oversight can shift to allow the audit committee more time to focus on its core role.

Review the blog on the NACD's website.

Will Coronavirus lead to more cyber-attacks?

Mar 16, 2020

On March 16, 2020, the Harvard Business Review (HBR) released an article on how while the world is focused on the systemic threat posed by Covid-19, cybercriminals around the world undoubtedly are poised to capitalize on the crisis by launching a different kind of “virus.”

More and more employees are working remotely by the day, and companies may eventually face the prospect of functioning with little to no personnel on-site or skeleton crews in IT and other important support functions.

Against this backdrop, both employers and employees need to take the utmost care to protect themselves as well as confidential company information.

Review the full article on the HBR's website.

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