[Code of Federal Regulations]
[Title 17, Volume 2]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR210.3-01]

[Page 233-234]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER II--SECURITIES AND EXCHANGE COMMISSION
 
PART 210--FORM AND CONTENT OF AND REQUIREMENTS FOR FINANCIAL STATEMENTS,
 
Sec. 210.3-01  Consolidated balance sheets.

    (a) There shall be filed, for the registrant and its subsidiaries 
consolidated, audited balance sheets as of the end of each of the two 
most recent fiscal years. If the registrant has been in existence for 
less than one fiscal year, there shall be filed an audited balance sheet 
as of a date within 135 days of the date of filing the registration 
statement.
    (b) If the filing, other than a filing on Form 10-K and Form 10-KSB 
or Form 10 and Form 10-SB, is made within 45 days after the end of the 
registrant's fiscal year and audited financial statements for the most 
recent fiscal year are not available, the balance sheets may be as of 
the end of the two preceding fiscal years and the filing shall include 
an additional balance sheet as of an interim date at least as current as 
the end of the registrant's third fiscal quarter of the most recently 
completed fiscal year.
    (c) The instruction in paragraph (b) is also applicable to filings, 
other than

[[Page 234]]

on Form 10-K and Form 10-KSB or Form 10 and Form 10-SB, made after 45 
days but within 90 days of the end of the registrant's fiscal year: 
Provided, That the following conditions are met:
    (1) The registrant files annual, quarterly and other reports 
pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934 
and all reports due have been filed;
    (2) For the most recent fiscal year for which audited financial 
statements are not yet available the registrant reasonably and in good 
faith expects to report income, after taxes but before extraordinary 
items and cumulative effect of a change in accounting principle; and
    (3) For at least one of the two fiscal years immediately preceding 
the most recent fiscal year the registrant reported income, after taxes 
by before extraordinary items and cumulative effect of a change in 
accounting principle.
    (d) For filings made after 45 days but within 90 days of the end of 
the registrant's fiscal year where the conditions set forth in paragraph 
(c) of this section are not met, the filing must include the audited 
balance sheets required by paragraph (a) of this section.
    (e) For filings made after 134 days subsequent to the end of the 
registrant's most recent fiscal year the filing shall also include a 
balance sheet as of an interim date within 135 days of the date of 
filing.
    (f) Any interim balance sheet provided in accordance with the 
requirements of this section may be unaudited and need not be presented 
in greater detail than is required by Sec. 210.10-01. Notwithstanding 
the requirements of this section, the most recent interim balance sheet 
included in a filing shall be at least as current as the most recent 
balance sheet filed with the Commission on Form 10-Q and Form 10-QSB.
    (g) For filings by registered management investment companies, the 
requirements of Sec. 210.3-18 shall apply in lieu of the requirements of 
this section.
    (h) Any foreign private issuer, other than a registered management 
investment company or an employee plan, may file the financial 
statements required by Item 8.A of Form 20-F (Sec. 249.220 of this 
chapter) in lieu of the financial statements specified in this rule.

[45 FR 63687, Sept. 25, 1980, as amended at 46 FR 12491, Feb. 17, 1981; 
46 FR 36124, July 14, 1981; 50 FR 49531, Dec. 3, 1985; 56 FR 30053, July 
1, 1991; 64 FR 53908, Oct. 5, 1999]