[Code of Federal Regulations]
[Title 17, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR232.102]

[Page 638]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER II--SECURITIES AND EXCHANGE COMMISSION
 
PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR ELECTRONIC FILINGS--Table of Contents
 
Sec. 232.102  Exhibits.

    (a) Exhibits to an electronic filing that have not previously been 
filed with the Commission shall be filed in electronic format, absent a 
hardship exemption. Previously filed exhibits, whether in paper or 
electronic format, may be incorporated by reference into an electronic 
filing to the extent permitted by Sec. 228.10(f) and Sec. 229.10(d) of 
this chapter, Rule 411 under the Securities Act (Sec. 230.411 of this 
chapter), Rule 12b-23 or 12b-32 under the Exchange Act (Sec. 240.12b-23 
or Sec. 240.12b-32 of this chapter), Rule 22 under the Public Utility 
Holding Company Act (Sec. 250.22 of this chapter), Rules 0-4, 8b-23, and 
8b-32 under the Investment Company Act (Sec. 270.0-4, Sec. 270.8b-23 and 
Sec. 270.8b-32 of this chapter) and Rule 303 of Regulation S-T 
(Sec. 232.303). An electronic filer may, at its option, restate in 
electronic format an exhibit incorporated by reference that originally 
was filed in paper format.
    Note to Paragraph a: Exhibits to a Commission schedule filed 
pursuant to Section 13 or 14(d) of the Exchange Act may be filed in 
paper under cover of Form SE where such exhibits previously were filed 
in paper (prior to a registrant's becoming subject to mandated 
electronic filing or pursuant to a hardship exemption) and are required 
to be refiled pursuant to the schedule's general instructions. See Rule 
311(b) of Regulation S-T (17 CFR 232.311(b)).

    (b) Amendments to all exhibits shall be filed in electronic format, 
absent a hardship exemption.
    (c) Notwithstanding any other provision of this section, an 
electronic filer shall, upon amendment, restate in electronic format its 
articles of incorporation, by-laws or investment advisory agreement (in 
the case of a registered investment company or a business development 
company).
    (d) Each electronic filing requiring exhibits shall contain an 
exhibit index, which should immediately precede the exhibits filed with 
the document. The index shall list each exhibit filed. Whenever an 
exhibit is filed in paper pursuant to a temporary or continuing hardship 
exemption, the letter ``P'' shall be placed next to the listed exhibit 
in the exhibit index to reflect that the exhibit was filed in paper 
pursuant to such exemption. Whenever an electronic confirming copy of an 
exhibit is filed pursuant to a hardship exemption (Sec. 232.201 or 
Sec. 232.202(d)), the exhibit index should specify where the confirming 
electronic copy can be located; in addition, the designation ``CE'' 
(confirming electronic) should be placed next to the listed exhibit in 
the exhibit index.
    (e) Notwithstanding the provisions of paragraphs (a) through (d) of 
this section, any incorporation by reference by a registered investment 
company or a business development company must relate only to documents 
that have been filed in electronic format, unless the document has been 
filed in paper under a hardship exemption (Sec. 232.201 or 232.202) and 
any required confirming copy has been submitted.
    (f) Persons submitting filings electronically under the Public 
Utility Act shall not be subject to paragraph (c) of this section.

[58 FR 14670, Mar. 18, 1993, as amended at 59 FR 67762, Dec. 30, 1994; 
60 FR 32824, June 23, 1995; 62 FR 36457, July 8, 1997; 64 FR 27894, May 
21, 1999]

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