[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: 17CFR232.202]

[Page 641-642]
 
              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. 232.202  Continuing hardship exemption.

    (a) An electronic filer may apply in writing for a continuing 
hardship exemption if all or part of a filing or group of filings 
otherwise to be filed in electronic format cannot be so filed without 
undue burden or expense. Such written application shall be made at least 
ten business days prior to the required due date of the filing(s) or the 
proposed filing date, as appropriate, or within such shorter period as 
may be permitted. The written application shall contain the information 
set forth in paragraph (b) of this section.
    (1) The application shall not be deemed granted until the applicant 
is notified by the Commission or the staff.
    (2) If the Commission, or the staff acting pursuant to delegated 
authority, denies the application for a continuing hardship exemption, 
the electronic filer shall file the required document in electronic 
format on the required due date or the proposed filing date or such 
other date as may be permitted.
    (3) If the Commission, or the staff acting pursuant to delegated 
authority, determines that the grant of the exemption is appropriate and 
consistent with the public interest and the protection of investors and 
so notifies the applicant, the electronic filer shall follow the 
procedures set forth in paragraph (c) of this section.
    (b) The request for the continuing hardship exemption shall include, 
but not be limited to, the following:
    (1) The reason(s) that the necessary hardware and software is not 
available without unreasonable burden and expense;
    (2) The burden and expense involved to employ alternative means to 
make the electronic submission; and/or
    (3) The reasons for not submitting electronically the document or 
group of documents, as well as justification for the requested time 
period.
    (c) If the request is granted, the electronic filer shall submit the 
document or group of documents for which the continuing hardship 
exemption is granted in paper format on the required due date specified 
in the applicable form, rule or regulation, or the proposed filing date, 
as appropriate. The following legend shall be placed in capital letters 
at the top of the cover page of the paper format document(s):

IN ACCORDANCE WITH RULE 202 OF REGULATION S-T, THIS (specify document) 
IS BEING FILED IN PAPER PURSUANT TO A CONTINUING HARDSHIP EXEMPTION

    (d) If a continuing hardship exemption is granted for a limited time 
period, the grant may be conditioned upon the filing of the document or 
group of documents that is the subject of the exemption in electronic 
format upon the expiration of the period for which the exemption is 
granted. The electronic format version shall contain the following 
statement in capital letters at the top of the first page of the 
document:


[[Page 642]]


THIS DOCUMENT IS A COPY OF THE (specify document) FILED ON (DATE) 
PURSUANT TO A RULE 202(d) CONTINUING HARDSHIP EXEMPTION.

    Note 1: Where a continuing hardship exemption is granted with 
respect to an exhibit only, the paper format exhibit shall be filed 
under cover of Form SE (Secs. 239.64, 249.444, 259.603, 269.8 and 
274.403 of this chapter).
    Note 2: If the exemption relates to an exhibit only and a confirming 
electronic copy of the exhibit is required to be submitted, the exhibit 
should be refiled in electronic format in an amendment to the filing to 
which it relates. The confirming copy tag should not be used. The 
amendment should note that the purpose of the amendment is to add an 
electronic copy of an exhibit previously filed in paper pursuant to a 
continuing hardship exemption.
    Note 3: Failure to submit a required confirming electronic copy of a 
paper filing made in reliance on a continuing hardship exemption granted 
pursuant to paragraph (d) of this section will result in ineligibility 
to use Forms S-2, S-3, S-8, F-2 and F-3 (see, Secs. 239.12, 239.13, 
239.16b, 239.32 and 239.33, respectively), restrict incorporation by 
reference of the document submitted in paper (see Rule 303 of Regulation 
S-T (Sec. 232.303), and toll certain time periods associated with tender 
offers (see Rule 13e-4(f)(12) (Sec. 240.13e-4(f)(12)) and Rule 14e-1(e) 
(Sec. 240.14e-1(e))).

[58 FR 14670, Mar. 18, 1993, as amended at 62 FR 36457, July 8, 1997]

                  Preparation of Electronic Submissions