The Staff has confirmed that the (often forgotten) requirement that public companies mail seven copies of their glossy annual report to the SEC may be satisfied by posting an electronic version of the report on the company’s corporate website. The report must remain accessible for at least one year after posting.
Public companies are already required to post proxy materials, which include proxy statements on Schedule 14A, proxy cards, information statements on Schedule 14C, annual reports to security holders, notices of shareholder meetings and additional soliciting materials, on a publicly accessible web site. Many public companies use a separate site to host annual meeting materials, so they should be sure to post the glossy annual report with other financial material included on its corporate website.