Following along with a previous post here on Rhodes Holdings LLC’s website entitled “Public company website disclosure“, I wanted to ensure that everyone in public company management got some updated disclosure notices.
General “Investor Page” disclosure
Here is an updated version for your page (replace the “COMPANY XXX” with your company’s name):
The content on these pages may contain information that includes or is based upon forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They may use words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe”, or other words and terms of similar meaning in connection with a discussion of future operating or financial performance. In particular, these include statements relating to future actions, prospective products, future performance, results of current and anticipated products, expenses, the outcome of contingencies such as legal proceedings, and financial results.
Any or all of the forward-looking statements we make could turn out to be wrong. They can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will be important in determining our actual future results. Consequently, no forward-looking statement can be guaranteed. Our actual results may vary materially, and there are no guarantees about the performance of our stock.
We undertake no obligation to correct or update any forward-looking statements, whether as a result of new information, future events or otherwise. You are advised to consult any disclosures we make on related subjects in our recent reports filed with the Securities and Exchange Commission. In particular, you should read disclosures in those documents identified under the heading “Risk Factors.”
COMPANY XXX provides a number of links (within the entire menu structure) that are not affiliated with COMPANY XXX, nor do we endorse these websites or the content. COMPANY XXX and its officers do not post comments nor reply to posts on investor message boards, nor do we sponsor or promote a specific message board over another. This lists Internet websites that provide community for our shareholders / investors.
SEC Filings Page
We recommend that you reference another website, specifically the filing page on SEC.gov, but you can embed this information very easily as well. If you do have anything on your website, this disclosure should be listed as well:
The reports and other statements filed by COMPANY XXX with the Securities and Exchange Commission (the “SEC”) are current and accurate only as of their respective dates, and COMPANY XXX disclaims any responsibility to update or amend any information contained in such filings. Each filing COMPANY XXX makes with the SEC contains certain information as required by applicable SEC rules and regulations, and may not provide a complete description of the company’s business.
Press Release Page
Regulation FD requires issuers to use general distribution sites for the distribution of press releases, although this has somewhat been updated by the JOBS Act (although I would still issue through sites such as Business Wire or Reuters). When on the issuers’ website, we recommend adding this:
All press releases contained in this web site were, to the best of COMPANY XXX’s knowledge, current and accurate only as of their respective dates. However, the passage of time may have rendered the information contained therein stale. COMPANY XXX does not review past press releases to determine whether they remain accurate, and information contained in such press releases may have been superseded or otherwise changed. COMPANY XXX disclaims any responsibility to update or amend any such outdated information.
Stock Quote Page
Once again, we recommend linking to other websites for quotes, including Yahoo! Finance, Google Finance, MSN Finance, etc. The issuers website page that refers to the other sites should have this disclosure:
Stock price information is for informational purposes only and is not intended, and should not be relied on, for investment purposes. Historical and current stock price information is not indicative of future performance. All stock price information has been provided by a third-party source, and we make no representations or warranties as to the sequence, accuracy, or completeness of any such information.
© 2013 by Rhodes Holdings LLC, all rights reserved.
- Public company website disclosure (rhodesholdings.wordpress.com)
- Facebook, the JOBS Act, and Abolishing IPOs (clsbluesky.law.columbia.edu)
- Disclosure Lessons from the 2013 Proxy Season (blogs.law.harvard.edu)