[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: 17CFR239.16b]

[Page 639-640]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER II--SECURITIES AND EXCHANGE COMMISSION
 
PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933--Table of Contents
 
              Subpart A--Forms for Registration Statements
 
Sec. 239.16b  Form S-8, for registration under the Securities Act of 1933 of securities to be offered to employees pursuant to employee benefit plans.

    (a) Any registrant that, immediately prior to the time of filing a 
registration statement on this form, is subject to the requirement to 
file reports pursuant to sections 13 or 15(d) of the Securities Exchange 
Act of 1934, and has filed all reports and other materials required to 
be filed by such requirements during the preceding 12 months (or for 
such shorter period that the registrant was required to file such 
reports and materials), may use this form for registration under the 
Securities Act of

[[Page 640]]

1933 (the Act) of the following securities:
    (1) Securities of the registrant to be offered to its employees or 
employees of its subsidiaries or parents under any employee benefit 
plan. The form also is available for the exercise of employee benefit 
plan options by an employee's family member (as defined in General 
Instruction A.1(a)(5) to Form S-8) who has acquired the options from the 
employee through a gift or a domestic relations order.
    (2) Interests in the above plans, if such interests constitute 
securities and are required to be registered under the Act. (See Release 
No. 33-6188 (February 1, 1980) and section 3(a)(2) of the Act.)
    (b) Electronic filings. In addition to satisfying the foregoing 
conditions, a registrant subject to the electronic filing requirements 
of Rule 101 of Regulation S-T (Sec. 232.101 of this chapter) shall have 
filed with the Commission:
    (1) All required electronic filings, including confirming electronic 
copies of documents submitted in paper pursuant to a temporary hardship 
exemption as provided in Rule 201 of Regulation S-T (Sec. 232.201 of 
this chapter); and
    (2) All Financial Data Schedules required to be submitted pursuant 
to Item 601(c) of Regulation S-K (Sec. 229.601(c) of this chapter) and 
Item 601(c) of Regulation S-B (Sec. 228.601(c) of this chapter).

[55 FR 23925, June 13, 1990, as amended at 58 FR 14680, Mar. 18, 1993; 
64 FR 11116, Mar. 8, 1999]

    Editorial Note: For Federal Register citations affecting Form S-8, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.