Head, regarding the filing of an 8k...might want to read this
posted on
Dec 30, 2007 05:07PM
I have commented on this more than once. Perhaps the business resolution is not yet a material agreement. The following is from the SEC website....regarding 8K frequently asked questions.
Item 1.01 Entry into a Material Definitive Agreement
Question 3
Q: If an agreement that was not material at the time the registrant entered into it becomes material at a later date, must the registrant file an Item 1.01 Form 8-K at the time the agreement becomes material? A: No. If an agreement becomes material to the registrant but was not material to the registrant when it entered into, or amended, the agreement, the registrant need not file a Form 8-K under Item 1.01, unless the agreement is material to the registrant at the time of an amendment to that agreement. In any event, the registrant must file the agreement as an exhibit to the periodic report relating to the reporting period in which the agreement became material if, at any time during that period, the agreement was material to the registrant. In this regard, the registrant would apply the requirements of Item 601 of Regulation S-K to determine if the agreement must be filed with the periodic report.
Laurie
