17 CFR 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 or Form 10, 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) of this section is also applicable to filings, other than on Form 10-K or Form 10, made after 45 days but within the number of days of the end of the registrant's fiscal year specified in paragraph (i) of this section: Provided, that the following conditions are met:
(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 attributable to the registrant, 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 attributable to the registrant, after taxes but before extraordinary items and cumulative effect of a change in accounting principle.
(d) For filings made after 45 days but within the number of days of the end of the registrant's fiscal year specified in paragraph (i) of this section 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 the number of days specified in paragraph (i)(2) of this section, the filing shall also include a balance sheet as of an interim date within the following number of days of the date of filing:
(1) 130 days for large accelerated filers and accelerated filers (as defined in § 240.12b-2 of this chapter); and
(2) 135 days for all other registrants.
(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 § 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.
(g) For filings by registered management investment companies, the requirements of § 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 ( § 249.220 of this chapter) in lieu of the financial statements specified in this rule.
(1) For purposes of paragraphs (c) and (d) of this section, the number of days shall be:
(ii) 75 days for accelerated filers (as defined in § 240.12b-2 of this chapter); and
(iii) 90 days for all other registrants.
(2) For purposes of paragraph (e) of this section, the number of days shall be:
- 17 CFR 229.201 — (Item 201) Market Price of and Dividends on the Registrant's Common Equity and Related Stockholder Matters.
- 17 CFR 210.3-10 — Financial Statements of Guarantors and Issuers of Guaranteed Securities Registered or Being Registered.
- 17 CFR 210.3-05 — Financial Statements of Businesses Acquired or to Be Acquired.
- 17 CFR 210.3-09 — Separate Financial Statements of Subsidiaries Not Consolidated and 50 Percent or Less Owned Persons.
- 17 CFR 210.7-05 — What Schedules Are to Be Filed.
- 17 CFR 210.10-01 — Interim Financial Statements.
- 17 CFR 210.11-02 — Preparation Requirements.
- 17 CFR 210.11-01 — Presentation Requirements.
- 17 CFR 210.5-04 — What Schedules Are to Be Filed.