[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4010.9]

[Page 778]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4010_ANNUAL FINANCIAL AND ACTUARIAL INFORMATION REPORTING--Table 
of Contents
 
Sec. 4010.9  Financial information.

    (a) General. Except as provided in this section, each filer is 
required to provide, in accordance with the instructions on the PBGC's 
Web site, the following financial information for each controlled group 
member (other than an exempt entity)--
    (1) Audited financial statements for the fiscal year ending within 
the information year (including balance sheets, income statements, cash 
flow statements, and notes to the financial statements);
    (2) If audited financial statements are not available by the date 
specified in Sec. 4010.10(a), unaudited financial statements for the 
fiscal year ending within the information year; or
    (3) If neither audited nor unaudited financial statements are 
available by the date specified in Sec. 4010.10(a), copies of federal 
tax returns for the tax year ending within the information year.
    (b) Consolidated financial statements. If the financial information 
of a controlled group member is combined with the information of other 
group members in consolidated financial statements, a filer may provide 
the following financial information in lieu of the information required 
in paragraph (a) of this section--
    (1) The audited consolidated financial statements for the filer's 
information year or, if the audited consolidated financial statements 
are not available by the date specified in Sec. 4010.10(a), unaudited 
consolidated financial statements for the fiscal year ending within the 
information year; and
    (2) For each controlled group member included in the consolidated 
financial statements (other than an exempt entity), the member's 
revenues and operating income for the information year, and net assets 
at the end of the information year.
    (c) Subsequent submissions. If unaudited financial statements are 
submitted as provided in paragraph (a)(2) or (b)(1) of this section, 
audited financial statements must thereafter be filed within 15 days 
after they are prepared. If federal tax returns are submitted as 
provided in paragraph (a)(3) of this section, audited and unaudited 
financial statements must thereafter be filed within 15 days after they 
are prepared.
    (d) Submission of public information. If any of the financial 
information required by paragraphs (a) through (c) of this section is 
publicly available, the filer, in lieu of submitting such information to 
the PBGC, may include a statement with the other information that is 
submitted to the PBGC indicating when such financial information was 
made available to the public and where the PBGC may obtain it. For 
example, if the controlled group member has filed audited financial 
statements with the Securities and Exchange Commission, it need not file 
the financial statements with PBGC but instead can identify the SEC 
filing as part of its submission under this part.
    (e) Inclusion of information about non-filers and exempt entities. 
Consolidated financial statements provided pursuant to paragraph (b)(1) 
of this section may include financial information of persons who are not 
controlled group members (e.g., joint ventures) or are exempt entities.

[61 FR 34022, July 1, 1996, as amended at 70 FR 11545, Mar. 9, 2005]